DEFENDER name to be trademarked - Defender Source
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  #1  
Old December 11th, 2014, 02:54 PM
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Thought y'all might find this interesting. A little over a month ago, attorneys for Jaguar Land Rover Limited filed an application to trademark the term "DEFENDER". Here's a cut and pasted copy of the application from the U.S. Patent & Trademark Office. Given recent history, this has the potential to have far reaching implications, including for websites like DefenderSource.com.

PTO Form 1478 (Rev 9/2006)
OMB No. 0651-0009 (Exp 12/31/2014)
Trademark/Service Mark Application, Principal Register

Serial Number: 86447619
Filing Date: 11/07/2014
The table below presents the data as entered.

Input Field
Entered
SERIAL NUMBER 86447619
MARK INFORMATION
*MARK DEFENDER
STANDARD CHARACTERS YES
USPTO-GENERATED IMAGE YES
LITERAL ELEMENT DEFENDER
MARK STATEMENT The mark consists of standard characters, without claim to any particular font, style, size, or color.
REGISTER Principal
APPLICANT INFORMATION
*OWNER OF MARK Jaguar Land Rover Limited
INTERNAL ADDRESS Abbey Road
*STREET Whitley
*CITY Coventry
*COUNTRY United Kingdom
*ZIP/POSTAL CODE
(Required for U.S. applicants only) CV34LF
LEGAL ENTITY INFORMATION
TYPE private company limited by shares (prc)
STATE/COUNTRY WHERE LEGALLY ORGANIZED United Kingdom
GOODS AND/OR SERVICES AND BASIS INFORMATION
INTERNATIONAL CLASS 028
*IDENTIFICATION Toys, games, and playthings; Scale models and toy models, all of motor land vehicles, all sold complete or in kit form; computer games; golf clubs, golf balls and golf bags; golf divot repair kit; stuffed toy animals; playing cards; puzzles; gymnastic and sporting articles not included in other classes; decorations for Christmas trees
FILING BASIS SECTION 1(b)
FILING BASIS SECTION 44(e)
FOREIGN REGISTRATION
NUMBER 13315833
FOREIGN REGISTRATION
COUNTRY European Community
ATTORNEY INFORMATION
NAME Gary W. Donohue
ATTORNEY DOCKET NUMBER LAND8059TUS
FIRM NAME Brooks Kushman PC
INTERNAL ADDRESS 1000 Town Center
STREET 22nd Floor
CITY Southfield
STATE Michigan
COUNTRY United States
ZIP/POSTAL CODE 48075
PHONE (248) 358-4400
FAX (248) 358-3351
EMAIL ADDRESS gdonohue@brookskushman.com
AUTHORIZED TO COMMUNICATE VIA EMAIL Yes
OTHER APPOINTED ATTORNEY Roby S. Lederman, Jennifer K. Ziegler, Maria Angileri, Elizabeth F. Janda
CORRESPONDENCE INFORMATION
NAME Gary W. Donohue
FIRM NAME Brooks Kushman PC
INTERNAL ADDRESS 1000 Town Center
STREET 22nd Floor
CITY Southfield
STATE Michigan
COUNTRY United States
ZIP/POSTAL CODE 48075
PHONE (248) 358-4400
FAX (248) 358-3351
EMAIL ADDRESS gdonohue@brookskushman.com;bktm@brooskushman.com; mwhite@brookskushman.com
AUTHORIZED TO COMMUNICATE VIA EMAIL Yes
FEE INFORMATION
NUMBER OF CLASSES 1
FEE PER CLASS 325
*TOTAL FEE DUE 325
*TOTAL FEE PAID 325
SIGNATURE INFORMATION
SIGNATURE /gary.w.donohue/
SIGNATORY'S NAME Gary W. Donohue
SIGNATORY'S POSITION Attorney of Record, Michigan Bar Member
DATE SIGNED 11/07/2014



PTO Form 1478 (Rev 9/2006)
OMB No. 0651-0009 (Exp 12/31/2014)


Trademark/Service Mark Application, Principal Register

Serial Number: 86447619
Filing Date: 11/07/2014
To the Commissioner for Trademarks:

MARK: DEFENDER (Standard Characters, see mark)
The literal element of the mark consists of DEFENDER.
The mark consists of standard characters, without claim to any particular font, style, size, or color.

The applicant, Jaguar Land Rover Limited, a private company limited by shares (prc) legally organized under the laws of United Kingdom, having an address of
Abbey Road,
Whitley
Coventry CV34LF
United Kingdom


requests registration of the trademark/service mark identified above in the United States Patent and Trademark Office on the Principal Register established by the Act of July 5, 1946 (15 U.S.C. Section 1051 et seq.), as amended, for the following:

International Class 028: Toys, games, and playthings; Scale models and toy models, all of motor land vehicles, all sold complete or in kit form; computer games; golf clubs, golf balls and golf bags; golf divot repair kit; stuffed toy animals; playing cards; puzzles; gymnastic and sporting articles not included in other classes; decorations for Christmas trees
Intent to Use: The applicant has a bona fide intention to use or use through the applicant's related company or licensee the mark in commerce on or in connection with the identified goods and/or services. (15 U.S.C. Section 1051(b)).
Based on Foreign Registration: Applicant has a bona fide intention to use the mark in commerce on or in connection with the identified goods and/or services, and will submit a copy of European Community registration number 13315833, registered __________ with a renewal date of __________ and an expiration date of __________, and translation thereof, if appropriate. 15 U. S.C. Section 1126(e), as amended.


The applicant's current Attorney Information:
Gary W. Donohue and Roby S. Lederman, Jennifer K. Ziegler, Maria Angileri, Elizabeth F. Janda of Brooks Kushman PC

1000 Town Center
22nd Floor
Southfield, Michigan 48075
United States
The attorney docket/reference number is LAND8059TUS.
The applicant's current Correspondence Information:
Gary W. Donohue
Brooks Kushman PC
1000 Town Center
22nd Floor
Southfield, Michigan 48075
(248) 358-4400(phone)
(248) 358-3351(fax)
gdonohue@brookskushman.com;bktm@brooskushman.com; mwhite@brookskushman.com (authorized)

A fee payment in the amount of $325 has been submitted with the application, representing payment for 1 class(es).

Declaration

The signatory believes that: if the applicant is filing the application under 15 U.S.C. Section 1051(a), the applicant is the owner of the trademark/service mark sought to be registered; the applicant or the applicant's related company or licensee is using the mark in commerce on or in connection with the goods/services in the application, and such use by the applicant's related company or licensee inures to the benefit of the applicant; the specimen(s) shows the mark as used on or in connection with the goods/services in the application; and/or if the applicant filed an application under 15 U.S.C. Section 1051(b), Section 1126(d), and/or Section 1126(e), the applicant is entitled to use the mark in commerce; the applicant has a bona fide intention to use or use through the applicant's related company or licensee the mark in commerce on or in connection with the goods/services in the application. The signatory believes that to the best of the signatory's knowledge and belief, no other person has the right to use the mark in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in connection with the goods/services of such other person, to cause confusion or mistake, or to deceive. The signatory being warned that willful false statements and the like are punishable by fine or imprisonment, or both, under 18 U.S.C. Section 1001, and that such willful false statements and the like may jeopardize the validity of the application or any registration resulting therefrom, declares that all statements made of his/her own knowledge are true and all statements made on information and belief are believed to be true.

Declaration Signature

Signature: /gary.w.donohue/ Date: 11/07/2014
Signatory's Name: Gary W. Donohue
Signatory's Position: Attorney of Record, Michigan Bar Member
RAM Sale Number: 86447619
RAM Accounting Date: 11/07/2014

Serial Number: 86447619
Internet Transmission Date: Fri Nov 07 08:40:02 EST 2014
TEAS Stamp: USPTO/BAS-74.204.24.218-2014110708400287
1046-86447619-500f0f9e6c333b1409355467db
9393be1a918255a9b7927135c07a4bb060fcbf4b
-DA-7692-20141107083107594202
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  #2  
Old December 11th, 2014, 02:58 PM
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If this goes through any shop with name Defender in it will get a letter . 😂
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  #3  
Old December 11th, 2014, 02:58 PM
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how can I/we mess them up ?
Good seeing you again yesterday. Ended up making it home @ 9pm.
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  #4  
Old December 11th, 2014, 03:00 PM
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I really do not understand why the trademark office would allow trademarking of common words.
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  #5  
Old December 11th, 2014, 03:26 PM
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I take that Defender Source has no filing of copy right or trademark.

Considering the word Defender is used by other companies such as software companies and even weapons manufacturers, this could be big for JLRNA.

I really hate companies that become arrogantly predatory. I doubt I'll ever buy another new one. I'll just try my best to keep my old ones running.
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  #6  
Old December 11th, 2014, 03:29 PM
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Major League Soccer and the NFL have just grounds for objecting. As does FIFA, etc

Time to trademark the name DEFENDERSOURCE
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  #7  
Old December 11th, 2014, 03:32 PM
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Good luck to them....

http://www.defender.com/
http://defender-usa.com/
http://www.otterbox.com/defender-ser...efault,pg.html
http://windows.microsoft.com/en-ca/w...ndows-defender
http://www.getthedefender.com/
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  #8  
Old December 11th, 2014, 03:34 PM
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Makes you wonder if they plan on bringing to the US a US based Defender in the near future.
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  #9  
Old December 11th, 2014, 03:36 PM
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Land Rover vs. Microsoft. Good luck with that.

I noticed in the filing Stuffed Animals. Are they for real?!

This smells more and more like Indians. (Not to be confused with American Indians.)

Thank you greedy Tata Motors.
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  #10  
Old December 11th, 2014, 03:48 PM
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Oh, look. There are e-mail addresses on the application.
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  #11  
Old December 11th, 2014, 03:52 PM
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I shop at Defender.com all the time.
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  #12  
Old December 11th, 2014, 03:55 PM
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Quote:
Originally Posted by Uncle Douglas View Post
how can I/we mess them up ?
Make shirts and stickers that say " Defender of Defenders "

Also, make raised hood lettering with the trademark symbol in Rover Font and sell to fund the site's legal defense fund.

Also, in for 3 of these trademark stickers.
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  #13  
Old December 11th, 2014, 04:03 PM
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Any Attorney with a little time available could file a challenge on the Ex Post Facto filing of the Word Defender

And if they get the word, I will file a law suit against JLRNA for Advertising without permission on my Vehicle where the word Defender shows, or they can pay me a rental fee of $ 1,000.00 x month, Buy my Defender at Market Value of $ 60,000.00 and / or pay to remove the word from the vehicle at a place of my choice costing $ 8,000.00 LOL
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  #14  
Old December 11th, 2014, 04:12 PM
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Here is a link to the USPTO page with the filing:

http://tsdr.uspto.gov/#caseNumber=86...e=statusSearch

------ Follow up post added December 11th, 2014 04:20 PM ------

Quote:
Originally Posted by JBurt View Post
Make shirts and stickers that say " Defender™ of Defenders™
Funny of you to mention that. I had to renew some of my web domains a few days ago and I made an impulse purchase during checkout....

DefenderofDefenders.com
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  #15  
Old December 11th, 2014, 04:35 PM
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Isn't this way too broad of a term to copyright?
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  #16  
Old December 11th, 2014, 04:37 PM
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Guys,

They applied based on a foreign registration to use the mark with toys (and some other items in the same international class). Not quite sure why anyone on here would care and there is nothing fishy with that application. There is no conspiracy.

I would speculate they have a licensing arrangement in the United States for the goods specified in the application.

More concerning would be the attached registration for motor vehicles which should not have been renewed.

We had done a search few years back for a client with a somewhat similar mark and that is why I am familiar with the marks and their prosecution histories.

Ben
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File Type: pdf 74199691.pdf (13.9 KB, 55 views)
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  #17  
Old December 11th, 2014, 04:46 PM
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Quote:
Originally Posted by Red90 View Post
I really do not understand why the trademark office would allow trademarking of common words.
There are many registrations containing the term DEFENDER.. The term is not descriptive when used in most contexts.

You should know that the Canadian Intellectual Property office has slightly more liberal standards with respect to descriptive terms.


Previously there was a registration for the mark DEFENDER for toys which predated the Land Rover Defender. The cancelled registration likely explains why Land Rover did not apply for the mark in the US until now.

------ Follow up post added December 11th, 2014 04:51 PM ------

Quote:
Originally Posted by smob View Post
Oh, look. There are e-mail addresses on the application.
Please leave their attorneys alone!
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  #18  
Old December 11th, 2014, 04:55 PM
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Quote:
Originally Posted by Ben01 View Post

Please leave their attorneys alone!
Dude, did I suggest emailing them? I just no idea that patent apps had direct contact info.
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  #19  
Old December 11th, 2014, 05:01 PM
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Quote:
Originally Posted by smob View Post
Dude, did I suggest emailing them? I just no idea that patent apps had direct contact info.
Yes, attorney information is listed in trademark applications.
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  #20  
Old December 11th, 2014, 05:08 PM
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I have very limited experience with trademark law, so I am more than happy to defer this topic to someone who has more experience with this area of law, such as Ben appears to have.

Thanks!
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