New Heraldic Seal for the AR

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J Duncan of Sketraw
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New Heraldic Seal for the AR

Post by J Duncan of Sketraw » Tue Feb 04, 2014 10:56 am

seal3-600.jpg
seal3-600.jpg (249.79 KiB) Viewed 5143 times
Seal rendition by Lubodrag Grujic
Slaintè
John A. Duncan of Sketraw

The Armorial Register - International Register of Arms
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Andrew Kerensky
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Re: New Heraldic Seal for the AR

Post by Andrew Kerensky » Sat May 02, 2015 1:19 pm

Now this seal would look very nice for embossing your certificates indeed but finding a company that could do it....
"Strange women lying in ponds distributing swords is no basis for a system of government. Supreme executive power derives from a mandate from the masses, not from some farcical aquatic ceremony." Monty Python

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Michael F. McCartney
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Re: New Heraldic Seal for the AR

Post by Michael F. McCartney » Fri Nov 13, 2015 4:03 am

Can this also be trademarked?
Mike~~
Fremont, California

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Martin Goldstraw
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Re: New Heraldic Seal for the AR

Post by Martin Goldstraw » Fri Nov 13, 2015 9:59 am

The seal could probably be trademarked but my fellow director would have to convince me that by doing so we would be gaining something over and above what we already have. We are a Scottish company and as such our arms are already protected in Scotland. As to the UK as a whole, we already have the common law protection of "passing off" in that should anyone else attempt to use any of our "trademarks" (whether they be registered trademarks or unregistered trademarks) in an attempt to trade we could sue them. Passing Off is a common law tort which can be used to enforce unregistered trade mark rights. The tort of passing off protects the goodwill of a trader from a misrepresentation. The law of passing off is designed to prevent one trader from misrepresenting goods or services as being the goods and services of another, and also prevents a trader from holding out his or her goods or services as having some association or connection with another when this is not true.

The tort of Passing Off is of course only available in countries practicing Common Law. I am not familiar with the law in other countries and neither am I entirely sure how a UK trademark might be enforced elsewhere either (if at all). I am aware however that in the USA there is a recognition of Common Law rights; "Federal registration is not required to establish rights in a trademark. Common law rights arise from actual use of a mark and may allow the common law user to successfully challenge a registration or application".

We consider our seal to be one of our Trademarks, albeit an unregistered one.
Martin Goldstraw

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Michael F. McCartney
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Re: New Heraldic Seal for the AR

Post by Michael F. McCartney » Sat Nov 14, 2015 6:12 am

Makes sense; I was more curious about the process and pro's and con's rather than pushing for TM
Mike~~
Fremont, California

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