User talk:Paintnsip

Paint and Sip Industry

Re: your (improperly submitted) request at Wikipedia:Requested moves/Technical requests, the page Paint and Sip Industry will not be moved or removed, because it refers to an entire industry rather than a specific product or service. "Paint and Sip" has a become a generically-used term for the activity. According to Trademarkia, and contrary to your assertion, "Paint 'n Sip" is not a valid trademark, having been cancelled in October 2014 under 15 USC 1068 (Section 18). Assuming you were the applicant for the mark, you do not have at this time any basis to assert rights to it.

There is no page Paint 'n Sip on Wikipedia, nor any page Paint and Sip likely to cause confusion with it. General Ization ^Talk 21:50, 2 November 2016 (UTC)[reply]

I am new to wikipedia and it's all very confusing to a new user so please be patient with me if I do something wrong.

I am going to assert that this *is* my trademark, though no longer registered as you pointed out. I am the first to use it and it is still in use in my business. It is not the generic and I spend much of my time and money fighting this.

What is the appeal process? Paintnsip (talk) 22:19, 2 November 2016 (UTC)[reply]

I'm not an attorney (in trademark law or otherwise), but I should think that unless you have an exclusive right to a mark granted by the USPTO, you can't assert such a right just because you're using it (even if you were the first to do so). In any case, I assume you mean a request for a second opinion from someone else here at Wikipedia about the page move you were requesting, not a legal appeal. This issue doesn't fit neatly into any of the categories where issues or conflicts are regularly discussed, but my best suggestion is that you state the facts (not claiming that it is a registered trademark, when it isn't) at the Help Desk for a second opinion and/or guidance as to another possibly better venue to do so. Ultimately, if you insist, you may need to speak to lawyers at the Wikimedia Foundation, which is ultimately where legal questions about the project end up (but please be sure to read WP:NLT, so you don't find yourself blocked). I moved your reply and my response here from my Talk page. There is no reason we should carry on this conversation on two separate pages. General Ization ^Talk 22:32, 2 November 2016 (UTC)[reply]

You could also try again to correctly submit your request at Wikipedia:Requested moves/Technical requests (you edited and re-saved a comment that offers instructions for submitting a request, rather than following the instructions it contains), though I strongly suspect the editors who act on requests submitted at that page will react in very much the same way as I have done. General Ization ^Talk 22:50, 2 November 2016 (UTC)[reply]

By the way, I have not actually reviewed the case file, but this rather definitely establishes that you do not have a right to assert the mark. If I were you, I really wouldn't waste my time pursuing this. General Ization ^Talk 14:08, 3 November 2016 (UTC)[reply]