• If a Web Site Falls In The Woods, Is It In Use?

    by  • April 1, 2009 • trademark

    John Welch pointed me to a curious new site – “USTrademarkExchange.com.” According to the home page,

    USTrademarkExchange.com is a new website that connects registered trademark sellers and buyers. Many industry professionals view trademarks as a unique kind of intellectual property (IP), quite different from either patents or copyrights. As as a result we have created a dedicated trademark sales portal. Service marks which are a type of trademark are also represented. Owners can promote their trademarks and interested buyers, including investors can easily search a variety of available trademarks for sale on this website.

    It currently lists four trademarks for sale by three different owners. The owner of the “Featured Mark” (below, from the Certificate of Registration):
    also just happens to be the registrant of the USTrademarkExchange.com web site:


    The web site claims that the Featured Mark, “If not now, when?” is “currently in use.” Here’s the specimen:


    Note that the specimen lists a web site, www.senioradnet.com. At that web site, the only thing is the specimen (now with the ® after it) and a contact form. You probably saw this coming, “senioradnet.com” is also owned by the same guy:

    You tell me – would you consider this a registration with any value?

    © 2009 Pamela Chestek