Pony Express Marks Being Auctioned Online

Pony Express Worldwide, LLC is auctioning off its rights to six trademarks, including PONY EXPRESS, THE PONY EXPRESS, and designs of the first pony express riders.  The marks will be auctioned online at ipauctions.com from April 23-30, 2007; the starting bid is $250,000. 

According to ipauctions.com and United States Patent & Trademark Office (USPTO) filings, the PONY EXPRESS and THE PONY EXPRESS marks have been used in commerce since April 3, 1860, placing them among the oldest known U.S. trademarks.  (Underwood claims that its "Underwood devil" is the oldest U.S. trademark still in use.  It appears that a logo for Averill Paints, which is no longer in use, may be the oldest federally registered trademark; its registration was issued in 1870).

Federal registrations for the PONY EXPRESS and THE PONY EXPRESS marks were issued in 1975.  However, whoever purchases the marks may be buying a fight with the United States Postal Service. (USPS)  The USPS has sought registrations for PONY EXPRESS UNITED STATES MAIL in a number of classes.  Pony Express Worldwide has filed oppositions to these registrations with the USPTO but it does not appear that the oppositions have been resolved.

Technorati Tags:  pony express, trademark, postal service

Comments

[Kevin Thompson]

Interesting. So who's going to start *using* these marks in commerce to make a $250,000+ investment worthwhile, eh?

[Jonathan Frieden]

I wouldn't be surprised if the postal service bid on the marks. If they're planning on using them anyway, it might make sense to buy these marks to avoid dealing with the oppositions in the USPTO.