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“The Mitchell Spinning Reel” US trademark
http://mitchellreelmuseum.com/forum/viewtopic.php?f=84&t=5537
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Author:  J Fishkat [ Wed Oct 11, 2017 8:43 pm ]
Post subject:  “The Mitchell Spinning Reel” US trademark

Okay, we know that Pons & Carpano filed for patents on the Mitchell Spinning Reel (later to be designated as the Mitchell 300) in France on 28-Jul-1948 and in Great Britain on 3-Aug-1948, but not the US. However, it should be noted that Otto S. Gumprich/Charles Garcia filed for a registered US trademark on 28-Aug-1951 for “the Mitchell Spinning Reel” (see below). Later, Garcia trademarked the Mitchell name alone in cursive style and then block text (see below).

According to blogs by several different trademark lawyers I've read, the date most relevant to US trademark protection is the date of first use in commerce (this takes precedence over the application date). Use in commerce is defined as the mark being associated with a product that is sold or transported. Advertising, for example in a magazine, does not count towards this. Documentation of first use in commerce must be provided to USPTO (US Patent and Trademark Office) by the applicant, in order to make that claim.

To summarize, first use in commerce documented to USPTO of the mark, “the Mitchell Spinning Reel”, was Nov-1948. This, however, does not mean the Mitchell Reel was not sold earlier in the US (which is another topic), as I believe it was.

Attachment:
US0562465 trademark Mitchell_Spinning.png

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US0629434 trademark Mitchell.png

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US0789952 trademark Mitchell.png

Author:  bailarm [ Tue Oct 17, 2017 4:32 am ]
Post subject:  Re: “The Mitchell Spinning Reel” US trademark

Another great post, John. Thank-you. I see your first example shows the Park Place address in 1952. Further clarification then that Garcia moved to Fourth Avenue around 1953 when I think full bail arms were first mass-produced for the USA.

Author:  J Fishkat [ Tue Oct 17, 2017 10:44 am ]
Post subject:  Re: “The Mitchell Spinning Reel” US trademark

Hey Bailarm and Mates,

In regard to address, it looks like Charles Garcia was still at 53 Park Place up to September, 1953 at least. Observe the backcover from the Sep-1953 issue of "the Fisherman" monthly magazine published by Fisherman Press (not Garcia).

I suppose one could entertain the topic of lead time required for magazine publication back then, however, that would be offset by Garcia's knowledge of their lease and relocation dates. They certainly would prefer consumer requests not coming to their old address.

John

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5309 TF 098 53 Park Pl.jpg

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5309 TF 000i cover.jpg

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