Garcia: registered trademarks

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John Fishkat
Posts: 48
Joined: Tue Aug 03, 2021 1:11 am
Location: USA

Garcia: registered trademarks

Post by John Fishkat »

Hi Mates,

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 ever the US.

It should, however, be noted that Otto S. Gumprich/Charles Garcia filed for a registered US trademark on 28-Aug-1951 on “the Mitchell Spinning Reel” (see below). Later, Garcia trademarked the Mitchell name alone in the cursive style and then block text (see below).

According to blogs by several different trademark lawyers, 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 across state lines. 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.

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.

John

US0562465 trademark Mitchell_Spinning.png
US0562465 trademark Mitchell_Spinning.png (149.96 KiB) Viewed 8935 times
US0629434 trademark Mitchell.jpg
US0629434 trademark Mitchell.jpg (60.97 KiB) Viewed 8935 times
US0789952 trademark Mitchell.jpg
US0789952 trademark Mitchell.jpg (56.95 KiB) Viewed 8935 times


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John Fishkat
Posts: 48
Joined: Tue Aug 03, 2021 1:11 am
Location: USA

Re: Garcia: registered trademarks

Post by John Fishkat »

Hi Mates,

Next, the Garcia wedge.

John

US0736348 trademark Garcia wedge.jpg
US0736348 trademark Garcia wedge.jpg (71.52 KiB) Viewed 8933 times
US0736722 trademark Garcia wedge_red.jpg
US0736722 trademark Garcia wedge_red.jpg (81.05 KiB) Viewed 8933 times


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Wallace Carney
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Location: Asheville, NC USA
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Re: Garcia: registered trademarks

Post by Wallace Carney »

Hi John,

Thank you for this, very interesting! So when do you think, based on your findings, that Garcia first started selling Mitchell reels? I've always said by 1948 at the latest.

Kind Regards,
Wallace


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John Fishkat
Posts: 48
Joined: Tue Aug 03, 2021 1:11 am
Location: USA

Re: Garcia: registered trademarks

Post by John Fishkat »

Hi Wallace,

Yes, agreed. In the US, some time in 1948 at the latest.

John


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