ODA Gives Up (Some) OpenDWG Registration

The Open Design Alliance has voluntarily given up its registration of the trade mark, OpenDWG. Reason: 

Registrant [ODA] has searched its files and storage but could not locate the original certificate of registration. Therefore, because it has been lost, registrant is not providing the original registration certificate to the [USPTO] Board at this time. 

The ODA surrenders "with prejudice", which means Autodesk is barred from bringing an action against the same claim.

Update

The ODA has given up four out of six registrations, meaning they still hold on to it. "Not finding" the originals is a legal tactic by the ODA: in order to give up registration, you have to hand over the original certificates. To grab OpenDWG for itself, Autodesk needs all six canceled; since the originals cannot be found, the registration cannot be fully canceled, and OpenDWG is not available to Autodesk.

Comments

[Evan Yares]

The original trademark certificates were held by the ODA's attorneys, Perkins-Coie, for safe keeping. At least, they were when I was with the ODA (which I haven't been since 2006.)

In any event, as of September, 2004, the USPTO amended its rules to eliminate the
requirement that an application to
surrender a registration for cancellation be accompanied by the original certificate or a certified copy.