Texas Trademark Lawyer Tamera Bennett

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"The Alamo" Who Owns The Trademark?

The Daughters of the Republic of Texas filed a federal trademark application on October 13, 2009 claiming a first use of the mark "The Alamo" on January 26, 1905 for Museum services, namely, exhibiting to the public a historical site. The trademark application was initially refused as being descriptive of the services offered.  The application was approved after the applicant showed the mark in use for more than 5 consecutive years claiming acquired distinctiveness.

On April 27, 2010, the State of Texas filed an extension of time to oppose the registration of the application.  The extension was granted until July 28, 2010.

The Austin Statesman article goes into the background surrounding the operation of The Alamo and why The Daughters of the Republic of Texas may or may not have standing to claim any ownership in the mark.

The scope of the trademark application is very narrow.  After I read the Statesman article, it made me think the reason behind the application was to offer branded merchandise.  But, the pending application is not covering t-shirts, caps, mugs, key chains, etc. The application is only for the operation of the museum.  Maybe the applicant had a two step plan:  1) see how far we get with the museum services; 2) file for the branded items if we succeed on the museum?