People should contact me directly via email through this contact form.  

There is also someone trying to claim ownership of "we are the 99%"

It is all pretty wild and very opportunistic.     

Yes, Liz.  That and MANY other things.  I think OLA needs to object to this application asap.

Dear Octoberose - I think having Unincorporated Association status will make it easier for Occupy LA to file for trademark on its name as a group --  if you should decide to do that.  YOu will need to have a lawyer do that for you, since a non-lawyer is not allowed to practice law for another or for any organization.  I do these registrations and I can tell you doing it right is very tricky.  The process takes 18 months or more and there can be pitfalls in any phase.   

ALSO  - having that status as a filed unincorporated Association WILL make your objection to the two trademark applications much stronger -- YOU are the association that has the name Occupy Los Angeles and Occupy LA.  Right?

BUT THE BOTTOM LINE IS -- YOU WILL NEED TO FILE OBJECTIONS TO THE TWO APPLICATIONS -- the one by Jeffrey Pierce Henderson for use of "Occupy Los Angeles" as a political group and the one by Aaron Hawke for use of "Occupy LA" for t-shirts, hats, and sweatshirts.

There is a formal time for objections in the long process of Trademark registration.  That time may come in a few months or may NEVER come -- if the Trademark Examiner does not move these applications along.  it is a VERY specific time period and you must watch and file the Objection within the time period.

 I think an informal objection might be made now to explain to the trademark office that neither of these people represents the actual Occupy Los Angeles/ Occupy LA group.  I do not know if such a communication would have any legal bearing, but it might steer the trademark examiner to ask more questions.  Also, in filing these applications, these two are claiming a legal RIGHT to the names and sign an oath under penalty of prosecution.  

A person from outside a group cannot just come along and register the name of the group -- BUT -- the trademark office has no way of knowing if the applicants are part of the group or not.  That is one very  interesting thing in the trademark application process -- it never asks: Are you in that group?  Do you own that business?   The govt just leaves it up to others to object. SO YOU MUST OBJECT!

NO matter what - the applications MUST be watched and a formal objection MUST be filed if either application reaches that phase.   This could be months from now or could be never. 

I STRONGLY THINK IT IS A  GOOD idea for the Occupy Los Angeles group to apply to register trademark on "Occupy Los Angeles."  If there is enough money to do so, it also makes sense to register "Occupy LA."  Each name would be a separate trademark and a separate application.   It is a long process (18 months or so) -- but starting on it makes a lot of sense.

Dear Alivia,  Nothing is being done yet.  I just noticed this last night when I was on the database working on a trademark.    I agree -- it should be a priority.   At this moment, the big risk is that the press may pick up on this and associate Jeffrey Henderson and his criminal/ legal problems as being representative of the group.   It is a bad situation and that is why I think filing an application in the name of Occupy Los Angeles asap and also filing Objections makes sense.  It is an expense, though, and should be carefully considered.  It is a very unfortunate situation. 

Yes, agreed.  I think Occupy LA should file to trademark its own name asap so there is a record in the trademark database that this organization exists and owns it name. I also think Occupy LA should send cease and desist letters to the two trying to file trademarks. I also think Occupy LA should let the Trademark office know now that these two are not acting on behalf of the Occupy LA organization.  And then watch the files and file Objections if and when the time comes.   

To Z who volunteered to be a plaintiff:  Thank you for caring.  Trademark applications are not court cases and so do not involve plaintiffs.  What would be needed to proceed ahead is a vote by the GA -- and if the GA wants to file a trademark application in the name of the unincorporated association, to allocate money to do so.  Also to file formal Objections with the Trademark office if and when ANY of these applications makes it to that phase.  That could be months from now or never, depending on how and if these move along.  IF ANYONE WANTS TO BE THE ONE to present this to the GA, please contact me through the contact form.

THE ADVANTAGES OF THE GROUP FILING FOR TRADEMARK ON ITS NAME:  1) IT GIVES notice to the world that you own your name.  2) It will or should keep others from filing.  

THE DISADVANTAGE OF FILING:  It would cost about $300 filing fee per name per category.  For example, if you want to file "Occupy Los Angeles" and "Occupy LA" that is 2 filing fees, so about $600 in filing fees alone.  

SOME GROUPS THAT HAVE TRADEMARKED THEIR NAMES:  Republican Party, Democratic Party, Kiwanis, Rotary International.   Also, many Advocacy groups have registered trademark on their names.