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An update regarding Aimee’s
attempt to register the name Clan Rattray Society with the US Trademark
office in February 2024.
Hello All,
An update regarding Aimee’s attempt to register the name Clan Rattray
Society with the US Trademark office.
My attorney contacted me today to let me know that Aimee’s application has
not been abandoned in the system. It can be withdrawn by petition from the
applicant. We thought by sending a letter to Aimee, she might realize that
this would be difficult for her. Aimee has not withdrawn the application.
Therefore, we assume she is ignoring the letter that was sent to her and is
moving forward.
However, the registration also has not been assigned an attorney at the
Trademark Office. We knew that it would not be assigned until sometime in
2024. But we thought we would try the letter to see if she would withdraw
the application.
Our attorney will continue to monitor the system for the objection window
and let us know when that happens so he can put a formal objection into the
system. Once that happens the lawyer and judge will see several things. They
will see that Aimee has not been the one using the name and our formal
objections and may also ask if there have been any attempts to get her to
withdraw her application, which there was via our letter. They will also see
another item which is explained below.
I am moving ahead with trying to register the name Rattray Clan Association
and probably with the secondary register. I’m doing this because I put my
application in way before Aimee even thought about it. It was rejected once
based on the fact that it is a family name and not a business name. That is
a usual response from the Trademark office. However, we decided to use
another level of registration or just keep it alive in the system as is.
Once the attorney assigned to Aimee’s registration and the Judge see that a
similar name is trying to be registered and before Aimee’s application, I
would get priority consideration.
So Aimee has several things working against her registration; another
application pre-dating hers, the letter, a formal objection when the time
comes and the fact that it is a family name (they don’t care about
‘association' or ‘clan’ or ‘society' only ‘Rattray'). Also, she committed
fraud. No one at the Trademark office has seen these things because it has
not been assigned, but they will see it.
If I manage to get mine registered, which is iffy, then we can together
decide if I should keep it registered. This could happen again. Once mine is
registered, it would be too similar for anyone else to try and register
Rattray in some form again. And we don’t care if someone uses it - it’s a
family name. But we care if someone with the wrong intentions tries to
register it. I can now see that someone with the wrong intentions, can try
and legally steal property by registering a name. Although that endeavor is
long and expensive. Not many people would ever attempt such a thing unless
the entity is worth billions of dollars or something.
Both applications are likely to be declined and that would solve the whole
thing. That is what I hope happens. I only wanted our logo registered, which
it now is.
There is one other piece. An officer shared with me a taped conversation
with Aimee, dating back a couple of years. The officer was interviewing
Aimee regarding the Clan Society. Aimee in the tape talks about when the
Society started and by whom. She gave a historical account that is opposed
to what she is trying to use to register the name. I believe this could only
be used if we sued Aimee. Because I don’t see how to put something like that
in the system. But it’s out there if needed.
With all this, I doubt she will be able to register the name. But you never
know what can happen. We are following through with every avenue we can
think of. Again, both applications for the name may be rejected and that
will be fine.
Best to everyone,
Dawn March 2024
Updates; Association Registration
Hello all,
Hope this email finds everyone well.
We are very busy here organizing the next Rattray Gathering for June and I
will send out details soon. Additionally, we will have a Rattray Booth at
the Ohio Scottish Games and Celtic Festival here in Berea Ohio, USA that
same weekend. It will be a busy weekend! We plan on having the booth every
year and will expand to Canada next year and have a booth at the Fergus
Scottish Festival and Highland Games in Canada, in August 2025.
The Rattray Clan Association now has the name registered as well as the logo
which appears on our website, by the US Trademark and Registration Office.
The name and logo are registered separately, not as one mark. The logo is on
the primary register which offers the highest level of protection and the
name is on the secondary. Both need to be renewed every 6 years to keep them
valid and registered. I will also need to hire a monitoring service to
monitor their use in the US.
The monitoring service is separate from what the attorney is doing. The
monitoring service will monitor all the entities in the US trying to use or
register either the name or logo. I can allow their use with permission. If
anyone tries to use the name or logo, I can contact them and either ask them
to stop using it or permit them. If I ask them to stop using it, and they
continue, they could be sued and have other consequences. This will help
with the Society as well because I will now be able to see what is happening
with the use of the name Rattray in the US. Plus, our attorney is monitoring
the US Trademark and Registration Office for the progress or lack of
progress with Aimee’s application. He will let us know when it is time to
put in the formal objection sometime in 2024. But now we have the name
Rattray already in use and registered plus her fraudulence on her
application, all of which should prevent her from registering it.
One final item. I was thinking about takeaways at the booths. The idea came
to mind about making a kind of business card, nothing fancy but it could
have the Society website and clan crest on it on one side along with a link
to the DNA project and then the association on the other. The association
has thus become a bridge to the Society; promoting it via website and now
through Clan Villages. I also might amend our website to indicate just that
- that we are a bridge to the Society in Scotland (I have all the Society
information listed on the site but this might make it more prominent). If
there is no objection, I can move forward with one or both. Or let me know
if you have other ideas or have questions or concerns.
Dùrachdan,
Dawn |
