What is the Generic term?

[Lory]

As silly as this sounds.. it was only when I joined the Forum that I learnt the term 'Modern Jive' (it took me ages to work out what MJ stood for.. derr )

As far as I was aware, the dance I was learning was 'Ceroc'

And I'm sure the same is the case for many people who learn Leroc?

[TA Guy]

As silly as this sounds.. it was only when I joined the Forum that I learnt the term 'Modern Jive' (it took me ages to work out what MJ stood for.. derr )

As far as I was aware, the dance I was learning was 'Ceroc'

And I'm sure the same is the case for many people who learn Leroc?

I still to this day, ten years or so after Ceroc vanished from this region, say things like 'going to Ceroc tonight'.

In fact, I have used Ceroc, Leroc, French Jive, and Modern Jive as generic terms over the years.

[dep]

I had to look that up

Urban Dictionary: fud

this is the Ceroc Scotland Forum.
We all know that!

[Billy Cullen]

Billy I am thinking of registering the name 'West Coast Swing' as a trademark, from your recent experience what advice do you have?

Could you Trade Mark ‘West Coast Swing’
1) The register has no mark as West Coast Swing registered.
2) That will also depend on the classes you want registration under most of the classes are 25, which is clothing, and a few for milk products in classes 29. The class that is entertainment for dance is class 41. I would use class 41.
3) Next use the search and advisory form from IPO which ill cost you just under £100. The IPO will write back to you with there findings.
4) If you have success, you complete a legal form called a TM3.
5) The TM3 is them examined by the trade Mark examiners, if they have objections to the mark the reasons could be prior and common use in the trade, the mark a has a conflict with another company within a class or classes or other marks has priority sighting giving the first mark priority over your mark. You have 3 months to rectify the objections raised, if at this stage the examiner feels that the mark could not be registered they will state why. If you can clear all the objections you move to the next stage.
6) The mark is then prepared for advertising; this is in the Trade Mark Journal, published for the public viewing every Friday.
7) If a person or third party has an opposition to the mark the mark will go through a arbitration process until an agreement is made between both party’s, if no agreement is reached the opposition stands and the mark is removed.
8) If the mark has no objections during the 3-month period the mark has registration.
9) Thereafter you can only remove the mark using legal channels, for instance revoke.
10) To get all the stages correct use reputable Trade Mark Company to represent you as you could fall at the first stage.

A few other points anybody can register a Trade Mark.

All Trade Marks go through the same process, and the same time frame, from Joe bloggs, to Coca Cola.

I think you could register West Coast Swing.

[John S]

5) The TM3 is them examined by the trade Mark examiners, if they have objections to the mark the reasons could be prior and common use in the trade, the mark has a conflict with another company within a class or classes or other marks has priority sighting giving the first mark priority over your mark.


8) If the mark has no objections during the 3-month period the mark has registration.
9) Thereafter you can only remove the mark using legal channels, for instance revoke.

Looks as if the examiners didn't do their research properly, or were perhaps wrongly informed by the LEROC applicant, given the sections in (5) that I have highlighted.

From (8) and (9), I guess it's up to someone (eg LeRoc Federation) to consider whether they want to seek revocation.

BUT - Maybe this is all more relevant to the other LEROC thread. On topic, I have always believed "Modern Jive" to be the generic name (eg the beefburger) whereas Ceroc and LeRoc were McDonalds and Burger King.

[Dreadful Scathe]

Ceroc = Windows OS - LeRoc = Linux OS
Billys LeRoc = RedHat Enterprise Server

simple

[~*~Saligal~*~]

Yes, there's nothing to prevent multiple levels of generic naming - for example:

Dance > Partner Dance > Jive > Modern Jive > LeRoc

I would probably insert "Swing" in place of "Jive" in your link. Jive is like Modern Jive in that it is a "swing" dance.

[Martin]

5) The TM3 is them examined by the trade Mark examiners, if they have objections to the mark the reasons could be prior and common use in the trade, the mark a has a conflict with another company within a class or classes or other marks has priority sighting giving the first mark priority over your mark. You have 3 months to rectify the objections raised, if at this stage the examiner feels that the mark could not be registered they will state why. If you can clear all the objections you move to the next stage.

So at this stage you did not post and let us know...

You waited until it was registered.

This does not say to me "hey guys, do you have any objections"

This sais to me "ha ha, I got away with it"

So Billy, I gather the actual name "LEROC" is not registered, the fonts of "LEROC" are. - Even though bold black LEROC has been used before.

On your web site you have put the registered sign next to a simple font of "LEROC" are you in breach of copywrite, or are you taking the p*ss...???

[bigdjiver]

FWIW it looks to me like Billy tried to register "LEROC" but withdrew the application.

My guess is that he withdrew it after they objected.

[David Franklin]

Ceroc = Windows OS - LeRoc = Linux OS
Billys LeRoc = RedHat Enterprise Server

Billy's LEROC = SCO, surely?

[Dreadful Scathe]

Billy's LEROC = SCO, surely?

ooh yes indeed

[Billy Cullen]

So at this stage you did not post and let us know...

You waited until it was registered.

This does not say to me "hey guys, do you have any objections"

We hold 3 Trade Marks all containing the word LEROC.
2432964 LEROC DANCE ADDICTION Reg Date 19.09.2006 Classes 09, and 41
2456538 LEROC Reg Date 24.05.2007 Classes 09, 16 and 41
2458991 LEROC BIG Dance Reg Date 20.06.2007 Classes 09, and 41
To your point regarding notification prior to registration, this weeks Trade Mark Journal holds over 300 marks, out of the 300 name which one has given you prior notification outside the registration process.

The point of publishing the mark in the Trade Mark Journal over the 3-months is for this process.

I'm sure we made it aware from Thursday 24th May 2007. 11 months ago.
For the earlier marks containing LEROC from 19.09.2006

[Lory]

Can anyone tell me if we've had a straight answer yet?

If so, can they explain it in plain English to me!

[David Franklin]

Can anyone tell me if we've had a straight answer yet?

Not what I'd call straight, at any rate.

I'm puzzled that Billy thinks this is a good game to be playing. I suspect the only people who'll benefit will be the lawyers.

[Lou]

Billy's LEROC = SCO, surely?

*

To your point regarding notification prior to registration, this weeks Trade Mark Journal holds over 300 marks, out of the 300 name which one has given you prior notification outside the registration process.

Ah - but did you register the word "LEROC", Billy? Or just the logos?

I doubt you could register the word on its own, as it remains a generic term, in common use within our field of dance.

A quick scan of today's classes & events on uk-jive shows me the term's still in current use. Amongst many others, there's Love LeRoc in North London (oooh, they sound interesting - must look them up...), or LeRoc Latin Jive in Knutsford. There's Team Le Roc in Plymouth, or Kingswood Le Roc in Bristol (ah, the lovely Steve... ).

Let's have a definitive answer from you, Billy!



*(@strobie ) Sorry. Marital humour.

[Martin]

Can anyone tell me if we've had a straight answer yet?

If so, can they explain it in plain English to me!

Oh Lory, a plain English answer would stop the game...

[Baruch]

We hold 3 Trade Marks all containing the word LEROC.

There's nice for you. So how about giving a straight answer to the question that has been asked many times on this thread, but that you apparently keep dodging:

Do you, or do you not, claim to have registered the name "LEROC" as your trademark, as opposed to just the LEROC logo you use?

A simple yes or no would do. Though I'm not going to hold my breath.

[philsmove]

A simple yes or no would do. Though I'm not going to hold my breath.

as has allready bean said

Oh Lory, a plain English answer would stop the game...