Membership is FREE – with unlimited access to all features, tools, and discussions. Premium accounts get benefits like banner ads and newsletter exposure. ✅ Signature links are now free for all. 🚫 No AI-generated (LLM) posts allowed. Share your own thoughts and experience — accounts may be terminated for violations.

A New Battle Is Beginning in Branding for the Web

Status
Not open for further replies.

fab

Level 9
Legacy Exclusive Member
Joined
Dec 11, 2004
Messages
3,554
Reaction score
2
Smells bad. I think I'll TM computer, hosting, forex; and some other good terms.
 

marcorandazza

Level 5
Legacy Platinum Member
Joined
Aug 30, 2008
Messages
297
Reaction score
1
That's the point of the Dell "Cloud Computing" anecdote. You can't do that.

"Trademark Squatting" isn't a business model. All you can do is get an ITU (Intent to Use) application filed. Then, you need to use the term in commerce. However, generic terms can never receive trademark protection, and descriptive terms can only receive protection once they have developed "secondary meaning". Example: American Airlines. That has secondary meaning, even though it is extremely descriptive.

The thing about this is that large companies and small companies alike are trying to circumvent this rule. Dell's "Cloud Computing" is just one example. A Finnish video game company succeeded in getting its notice of allowance for PWNAGE. (Blog post here) This is a lot less rare than you think -- companies thinking that they can "trademark squat" and take advantage of the fact that some USPTO examiners might not be up-to-date on their lingo.

What too many people seem to forget is that trademarks are not "word patents." You don't get to "own" the term. You just get a right to use it exclusively in a particular channel of commerce.
 

sunroof

Level 7
Legacy Platinum Member
Joined
Mar 28, 2006
Messages
829
Reaction score
0
Thanks for pointing out that article, it shows where things are going. I think parking will provide pretty good protection for most names. If you have owned your and parked your names for years, and then someone comes along later and starts to use the concept stated by your name, I don't think they will be able to take it away.
 
Status
Not open for further replies.

Who has viewed this thread (Total: 1) View details

Who has watched this thread (Total: 3) View details

The Rule #1

Do not insult any other member. Be polite and do business. Thank you!

Premium Members

Upcoming events

Our Mods' Businesses

*the exceptional businesses of our esteemed moderators

Top Bottom