Even more, you gain a trademark simply by using a mark in, well, trade (commerce). It isn't required to register a trademark in order to have the trademark, or to be able to protect it. Yes, your case is stronger if it's registered, but registration is not required.
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.
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Even more, you gain a trademark simply by using a mark in, well, trade (commerce). It isn't required to register a trademark in order to have the trademark, or to be able to protect it. Yes, your case is stronger if it's registered, but registration is not required.
http://www.uspto.gov/learning-and-resources/trademark-faqs#1...
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.
Very good point, trademarks are established by using them. The Comodo CEO should know this aspect of law.
I bet his general council is screaming at him right now. This could be used as evidence of malfeasance or general character issues.