Discussion:
What is the name of your state?Texas
I have setup a web site that has forums much like this one called
"Panhandle Linux Users Group"
It's been online for approx 2 months.
I get an email with the following content;
____________________________________________
Greetings,
It is necessary for you to be made aware of the fact that "Panhandle
Linux" is a registerecd trade mark and name belonging to "my" Company
aka Onsite/Offsite Computer Support located in Amarillo, Texas.
I respectfully request that you make the necessary changes to your site to
ensure that this conflict doesn't become a legal problem. Panhandle Linux
has been the name of my company for several years and therefore use be other entities is strictly forbidden.
I understand the fact that you were possibly unaware of this fact, PLEASE
correct this immediately.
Thank you for your immediate attention!
___________________________________________________
I wrote him back with the request for proof of registeration and got a
2 word answer back, IN COURT.
So I did a federal and state search of active trademark names and there is
none active with the name "Panhandle Linux".
So I am wondering if I can Trademark the name
"Panhandle Linux Users Group." And am I even infringing on this guys claim
of the name "Panhandle Linux" I mean that's a little grey if you ask me,
especially since I am not naming anything "Panhandle Linux" but am
describing where the linux users group is located.
I think the guy's a bonehead but hey, maybe I'm the bonehead.
Any insite appreciated.
Thanks
Widgeteye

Answer:
So I did a federal and state search of active trademark names and there is Although a registration gives you more rights than you would have without a registration, registering a trademark is not required. You can acquire rights in a mark through usage alone. His case will be tougher because he will have to prove that he owns the mark before he can show infringement (there would be a presumption that he owns the mark if its registered).
So I am wondering if I can Trademark the name "Panhandle Linux Users Group." Maybe. A couple of things though -- is the term "Linux" trademarked? I know the software is open-source, but someone still may own the trademark rights to the name Linux, in which case the answer would be no, you couldn't trademark the name. Even if they freely allow use of the mark, you would likely still be unable to obtain the mark.
Second, the other's usage of the mark may keep you from acquiring the mark. In any event, if you were able to obtain the mark, you couldn't keep HIM from using his name, since he would be a preexisting user of the mark. There would be limitations to his use, but you couldn't stop him outright.
And am I even infringing on this guys claim of the name "Panhandle Linux" I mean that's a little grey if you ask me, especially since I am not naming anything "Panhandle Linux" but am describing where the linux users group is located. The test for infringement of a trademark is "likelihood of confusion" -- the two marks are identical for all practical purposes under trademark law, so yes, if he has trademark rights, you are almost certainly infringing them.
Finally, you did hit upon an interesting point -- typically marks that use a geographical reference are not trademarkable. However, in this case, the term "panhandle" may not be geographical "enough," for lack of a better term, to keep it from be non-trademarkable.
Your best bet is to try and sit down with a local attorney who is familiar with trademark law and figure out what your options are.