Surface names

**rodash** · 08-12-2007, 03:14 AM

Haven't heard anything about those thousands of "surface" names registered after Microsoft announced Surface Computing. I read somewhere that there is some doubt as to whether MS can trademark "surface", that it may be restricted to "Microsoft Surface". Anyone heard anything on this? I'd be surprised if they couldn't, given that they got away with trademarking the word "windows".

**minebay** · 12-20-2007, 11:01 AM

I heard surface.net.cn sold at US$5000 to MS.

**Keyboard Cowboy** · 12-20-2007, 11:18 AM

I'm not a lawyer, but I believe you can trademark a generic word like windows, as long as you're not actually making windows. I would think they could TM surface as well, but obviously only in the "computing" field. Better get Berryhill to chime in

**domaingenius** · 12-20-2007, 11:46 AM

To register a generic word as a trademark you need to make it distinctive such as by making the word like tHiS or in DIfferent colours.

DG

**cyberlaw** · 12-21-2007, 04:34 PM

Microsoft (or anyone else) can't hold the entire trademark universe for the word "surface" unless they're providing goods and services for every industry that has some type of "surface." I'd stay away from stuff like surfacesoftware.com and MicrosoftSurface.com but other domains that use the word surface outside the software industry are very unlikely to be at risk.

Eric M.
CyberLaw® P.C.
http://www.cyberlawonline.com