Talon Hole Use

Yes, the front talon hole is a trademark of Busse Combat. Whether others think it is or not does not change the fact that it is a registered trademark.

I guess by the standards in that thread you can't registered a name either (ie Coke, Pepsi) because those are just letters and letters belong to us all, however, if you put those letters together to form words they become words that are also registered trademarks. The talon hole is used in the same way. If the hole were located at the top of the knife or the tip it would not be trademark infringement, but since it is located at the talon it is trademark infringement.

I'm sure Jerry will look into it.

Eric
 
Thanks for the reply.

I thought that was the case (talon hole as a trademark).
 
I agree that the talon hole is a trademark. But if you look at the definition of a trademark there is a clause about such features as color, markings, etc. that states: "Such features will not be protected if they confer any sort of functional or competitive advantage." This could be a loop hole (no pun intended) since the talon hole could give a functional or competitive advantage.
 
suttond said:
I agree that the talon hole is a trademark. But if you look at the definition of a trademark there is a clause about such features as color, markings, etc. that states: "Such features will not be protected if they confer any sort of functional or competitive advantage." This could be a loop hole (no pun intended) since the talon hole could give a functional or competitive advantage.
Click to expand...

This is one thing that I had noticed and always wondered about. since I too wondered about the "talon hole" trademark. But one could say that spyderco's spyder hole offer's an advantage just the same in the way one would open a knife. So where does that come into play?
 
I hesitate to even ask this question here but I am curious. What is the "talon" and what constitutes a hole being a trademark infringement?

I say that I hesitate to ask simply because sometimes it seems that by asking many people get very defensive. I am merely curious and don't know enough about the Busse trademark to understand the infringement.

Thanks,
SDS
 
how can a hole be a trade mark, is it the use of the word talon hole or the actual hole in the blade? many knives got holes in ther knives for lanyards an so on..
 
it's important to keep your talon hole clean. there's nothing worse than a dirty talon hole. same with the lanyard hole, it should be squeaky clean as well. the area in between, some call this the "taint" or "handle" should also be clean for a good tight grip.

all amounts to a safety issue which will be talked about in the next class. :thumbup:


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Believe me when I say I'm really not trying to start anything here and I'm sure this has been hashed out before but I'm still curious. I remember Buck knives making a knife with a hole in a similar spot. I don't think that knife is in production any longer though. Is the Busse trademark because it is a readily identifiable feature on his knives??

Here is the Buck I mentioned.....
 

Attachments

  • 187intrepidsmall.jpg
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Goods and Services IC 008. US 023 028 044. G & S: HUNTING KNIVES, SURVIVAL KNIVES, AND UTILITY KNIVES. FIRST USE: 19881231. FIRST USE IN COMMERCE: 19881231
Mark Drawing Code (2) DESIGN ONLY
Design Search Code 11.01.25 - Brushes, basting; Chopsticks; Churns, butter (manual); Cups, measuring; Fruit juices, non-electric; Garlic presses (non-electric); Graters, cheese; Holders, kitchen utensil; Ice cube trays; Juicers, non-electric; Ladles (soup); Measuring cups; Napkin holders; Other non-electric kitchen utensils, utensil holders; Pasta makers, non-electric; Potato peelers; Racks, kitchen tool; Scoops, ice cream; Shakers, cocktail; Sharpeners, knife (non-electric)
Serial Number 76172212
Filing Date November 28, 2000
Current Filing Basis 1A
Original Filing Basis 1A
Published for Opposition May 28, 2002
Registration Number 2679735
Registration Date January 28, 2003
Owner (REGISTRANT) Busse Knife Co. CORPORATION OHIO 11651 County Road 12 Wauseon OHIO 43567
Attorney of Record Thomas W Epting
Description of Mark The mark consists of a hole in the rearward portion of the blade.
Type of Mark TRADEMARK
Register PRINCIPAL-2(F)
Affidavit Text SECT 15. SECT 8 (6-YR).
Live/Dead Indicator LIVE



http://tess2.uspto.gov/bin/showfield?f=doc&state=g9pu69.4.1


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SDS said:
Believe me when I say I'm really not trying to start anything here and I'm sure this has been hashed out before but I'm still curious. I remember Buck knives making a knife with a hole in a similar spot. I don't think that knife is in production any longer though. Is the Busse trademark because it is a readily identifiable feature on his knives??
Click to expand...

Yes. :)

cut1.jpg
 
Jaxx, thanks. I think it makes sense to me now. Because no one else was using the hole as an identifying feature, at least not on a large scale, when the trademark was applied for it was granted. I can understand that. I also understand others' frustration's about wanting to use a hole in a similar spot. The hole does seem to identify Busse knives. The overall blade shape is another feature that usually makes the Busse knives stand out from others.

The Spyderco hole is also a readily identifiable feature, but on fixed blade knives serves no real purpose. Having the hole on the cutting edge side of the knife does have useable advantages and I think the may be where a some makers unintentionally violate the trademark.

Does anyone know if the trademark issue has had to be enforced?

Spooky, why do you say you wouldn't buy one of the Busse knives? From a marketing standpoint a trademark just makes sense. I hold no grudge against anyone for something like this. I hold no grudge against Sal at Spyderco for registering the Spyder hole either. They were doing something that furthers their company from a business standpoint. I think that too often we view our knives as something very personal and take personal offense at something like this. I doubt that was the intent of either the Spyder hole or the Talon hole.

Thanks,
SDS
 
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