Need help deciphering USPTO trademark data

[bessame]

Hello,
Thank you for assisting me if you can.
I am trying to do research as to the owner of a trademarked word.
When looking in the United States Patent and Trademark Office database, I get 2 entries when seaching for the word.
The first entry expired in 1999, as it was for 6 years and was accepted in 1993.
The second one still seems to be pending. It even appears that he may lose the trademark.
I will paste them both below, with some "*"`s in place of specific data.
Could you please tell me what I can determine about the current status of the trademark from this data?
The one credited with coining this term died 20 years ago, and his son believes that the person who claims to hold the trademark of the word actually does not.
He seeks a word only trademark.
Thank you
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Serial Number: ********

Registration Number: (NOT AVAILABLE)

Mark (words only): ********

Current Status: A non-final action has been mailed. This is a letter from the examining attorney requesting additional information and/or making an initial refusal. However, no final determination as to the registrability of the mark has been made.

Date of Status: 2000-02-10

Filing Date: 1997-09-30

Registration Date: (DATE NOT AVAILABLE)

Law Office Assigned: TMEG Law Office ***


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CURRENT APPLICANT(S)/OWNER(S)

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1. *****, *****

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GOODS AND/OR SERVICES

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Prerecorded video cassettes

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PROSECUTION HISTORY

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2000-02-10 - NON-FINAL ACTION MAILED

1999-07-13 - COMMUNICATION RECEIVED FROM APPLICANT

1998-12-11 - LETTER OF SUSPENSION MAILED

1998-12-10 - ASSIGNED TO EXAMINER

1998-11-05 - ASSIGNED TO EXAMINER

1998-11-03 - ASSIGNED TO EXAMINER

1998-08-06 - COMMUNICATION RECEIVED FROM APPLICANT

1998-05-27 - NON-FINAL ACTION MAILED

1998-05-21 - ASSIGNED TO EXAMINER

1997-12-22 - COMMUNICATION RECEIVED FROM APPLICANT


--------------------------------------------------
And here is the older one, which expired in 1999


______________________________________________
Serial Number: ********

Registration Number: *******

Mark


(words only): *********

Current Status: A Section 8 affidavit has been accepted.

Date of Status: 1993-03-09

Filing Date: 1986-01-27

Registration Date: 1986-12-02

Law Office Assigned: TMEO Law Office # ***

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CURRENT APPLICANT(S)/OWNER(S)

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1. *********************.

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GOODS AND/OR SERVICES

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PUPPETS, DOLLS, MARIONETTES, WIND-UP TOYS, BATTERY OPERATED TOY FIGURES AND STANDS THEREFOR


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PROSECUTION HISTORY

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1993-03-09 - REGISTERED - SEC. 8 (6-YR) ACCEPTED

1992-11-30 - REGISTERED - SEC. 8 (6-YR) FILED

1992-11-30 - POST REGISTRATION ACTION CORRECTION

1986-12-02 - REGISTERED-PRINCIPAL REGISTER

1986-09-09 - PUBLISHED FOR OPPOSITION

1986-08-10 - NOTICE OF PUBLICATION

1986-06-30 - APPROVED FOR PUB - PRINCIPAL REGISTER

1986-05-21 - EXAMINERS AMENDMENT MAILED

1986-04-11 - COMMUNICATION RECEIVED FROM APPLICANT

1986-03-27 - NON-FINAL ACTION MAILED

______________________________________

Any advice on how to read this info would be appreciated.

Thank you

 

[JETX]

First, I have no definitive answer for you. However, I would offer the following opinions:

1) It appears that the 'current' trademark is still in progress ("2000-02-10 - NON-FINAL ACTION MAILED"). Sounds to me like the PTO has sent the applicant a letter and is awaiting a response. Until it is finalized (either approved or rejected), your trademark application will not be approved.

2) Since you already know the case number and the file history, call your regional PTO and discuss this with them. Ask if there is a 'deadline' for the pending process.

Other than that, it looks like you are going to need to create another word.

------------------
Steve Halket
Judgment Recovery of Houston
[email protected]
-----------------------
This is my PERSONAL OPINION and is not legal advice! Consult your local attorney for your specific situation and laws!

 

[bessame]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by Halket:
First, I have no definitive answer for you. However, I would offer the following opinions:

1) It appears that the 'current' trademark is still in progress ("2000-02-10 - NON-FINAL ACTION MAILED"). Sounds to me like the PTO has sent the applicant a letter and is awaiting a response. Until it is finalized (either approved or rejected), your trademark application will not be approved.

2) Since you already know the case number and the file history, call your regional PTO and discuss this with them. Ask if there is a 'deadline' for the pending process.

Other than that, it looks like you are going to need to create another word.

<HR></BLOCKQUOTE>

Thanks for the quick reply.
I myself do not want the trademark, I just want to determine the standing of the person who claims to have it.
There are several fansites that know of that he has threatened with legal action, for just saying the word in question on their sites.
There seems to be some gray area
for me....these sites are presenting commentary of a positive nature, do not sell items of any sort, do not compete with the owner of the trademark and acknowledge the owner of the trademarked word, and specifically state that they are not official sites.
An analogy would be if I loved Disneyland, and dedicated a site to my love of Dineyland, and
1.Stated that this was not an offical site
2.Suggested that everyone go to Disneyland
3.Do not use unauthorized photos
4.Do not sell my own version of Disney items...and then the Disney Company tells me that I cannot use the word "Disney" on my site.
There is a freedom of speech issue here for me.
The word in question that I am discussing deals with a filming technique...a technique that the current owner in question does not use...and never has.
I actually believe that the motion picture studio that hired the the original man, who died 20 years ago, has a stronger claim to the trademark.


Any advice?

Thanks again.