Re: A thought-provoking question for legality re: my business name...

Posted by BH On 2012/3/24 10:46:18
PAC (aka - "The Packard Club") lays claim to some Packard trademarks, while the (new) Packard Motor Car Company, which never really got off the ground, has laid claim to others.

I'm no lawyer, but do not believe that anyone can simply trademark a word that's been in common usage - even a family surname. To qualify as a trademark, such a word had to be part of some artwork/logo and/or of a particular typeface - something unique. Also, the trademark registration must be for a specific market/use.

For example, take a look at my post (#3) in another thread. The only thing I could find on PAC's trademark registration was for the word "PACKARD" (in a specific style, but NOT the script) and used for clothing. That's the only registration I could find ONLINE for that club.

I couldn't find any trademark registration information, online, for the new PMCC (of AZ), but the available P/R indicates that Roy Gullickson, its owner, purchased those rights from C. Budd Bayliff, owner of Bayliff Coach Corp. (of Lima, OH). The Packard Motor Car Company homepage indicates that their registration is for the manufacture and marketing of automobiles and parts. The new PMCC, the one prototype, and trademark rights have been posted for sale more than once, but with no takers.

You can draw your own conclusions from this, but I feel that a more extensive search and inspection of registrations with the US Patents and Trademarks Office would be needed to see just what can and cannot be done.

Let us know what you find.

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