On 9/15/07, Thomas Dalton <thomas.dalton(a)gmail.com> wrote:
Can you have unregistered trademarks? I know you get copyright
automatically whether you register it or not, but I thought you had to
register trademarks.
Yes you can. In many jurisdictions (including the US), you can get a
trademark either by actually using the mark in the marketplace, or by
registering the mark. One downside of not registering is that it can
be hard to show that you have used the mark in the marketplace,
although obviously that's not going to be a problem for us.
When there was discussion about changing the logo
(some of the symbols are apparently wrong) someone from the foundation
said that they weren't registered trademarks yet, so we could change
them without worrying about losing the trademark. As far as I know,
they haven't been registered since then.
If you do change your mark without changing your registration, you can
still gain trademark rights over the new mark simply by using it (in
jurisdictions where that applies).
The phrase "Wikipedia" is definitely a registered trademark (in the US
and in some other countries through WIPO), I don't know about the
logos though.
--
Stephen Bain
stephen.bain(a)gmail.com