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Title: Bitcoin Foundation: Oppose trademark of "Bitcoin" on clothing Post by: nimda on November 25, 2013, 02:35:29 PM Seems like this is the perfect opportunity for the Bitcoin Foundation to use its resources.
Someone is trying to trademark "Bitcoin" on clothing: http://trademarks.justia.com/860/97/bitcoin-86097068.html Title: Re: Bitcoin Foundation: Oppose trademark of "Bitcoin" on clothing Post by: BitTrade on November 25, 2013, 03:38:05 PM Seems like this is the perfect opportunity for the Bitcoin Foundation to use its resources. Someone is trying to trademark "Bitcoin" on clothing: http://trademarks.justia.com/860/97/bitcoin-86097068.html An opposition won't be necessary. The application will 99% get rejected, since the term "bitcoin" will be deemed descriptive or even generic. On the small chance it slips by the examiners, then an opposition would be in order. Title: Re: Bitcoin Foundation: Oppose trademark of "Bitcoin" on clothing Post by: howzar on November 25, 2013, 04:26:02 PM This is just extreme greed,though they know they will most likely even pass the first line of examination yet the did it!
anyway it's tempting to get such a popular words as yours,it's like getting google.com domain after it expires :P Title: Re: Bitcoin Foundation: Oppose trademark of "Bitcoin" on clothing Post by: BittBurger on November 25, 2013, 04:27:39 PM Seems like this is the perfect opportunity for the Bitcoin Foundation to use its resources. Someone is trying to trademark "Bitcoin" on clothing: http://trademarks.justia.com/860/97/bitcoin-86097068.html An opposition won't be necessary. The application will 99% get rejected, since the term "bitcoin" will be deemed descriptive or even generic. On the small chance it slips by the examiners, then an opposition would be in order. Title: Re: Bitcoin Foundation: Oppose trademark of "Bitcoin" on clothing Post by: BittBurger on November 25, 2013, 04:32:13 PM I checked the US Trademark database and several variations have successfully been registerd, but someone registered "Bitcoin" already then abandoned it (fools!)
So this guy may very well get it. And he will be extremely wealthy ... Not sure if this link will work for anyone but me: http://tess2.uspto.gov/bin/showfield?f=doc&state=4805:9m8v89.2.16 Word Mark BITCOIN Goods and Services (ABANDONED) IC 036. US 100 101 102. G & S: Financial services, namely, providing a virtual currency for use by members of an on-line community via a global computer network. FIRST USE: 20110622. FIRST USE IN COMMERCE: 20110622 Standard Characters Claimed Mark Drawing Code (4) STANDARD CHARACTER MARK Serial Number 85353491 Filing Date June 22, 2011 Current Basis 1A Original Filing Basis 1A Owner (APPLICANT) Magellan Capital Advisors LLC DBA Magellan Capital LIMITED LIABILITY COMPANY NEW YORK Suite D 1065 Main Street Fishkill NEW YORK 12524 Attorney of Record Michael S. Pascazi, Esq. Disclaimer NO CLAIM IS MADE TO THE EXCLUSIVE RIGHT TO USE "COIN OR BIT" APART FROM THE MARK AS SHOWN Type of Mark SERVICE MARK Register PRINCIPAL Live/Dead Indicator DEAD Abandonment Date July 7, 2011 ---------------------------- THE OTHERS...... 1 86097068 BITCOIN TSDR LIVE <----------------- the current applicant 2 86012793 EASY BITCOIN TSDR LIVE 3 86093640 AMERICAN BITCOIN TSDR LIVE 4 86075129 BITCOIN INVESTMENT TRUST TSDR LIVE 5 85877951 MILLY BITCOIN TSDR LIVE 6 85974859 WINKLEVOSS BITCOIN TRUST TSDR LIVE 7 85934674 BIVALENT BITCOIN JEWELRY TSDR LIVE 8 85887743 M-BITCOIN TSDR LIVE 9 85798479 BITCOIN MAGAZINE TSDR LIVE 10 85887676 BITCOIN MOBILE MONEY TSDR LIVE 11 85883441 BITCOIN TSDR DEAD 12 85888809 BITCOIN COMPUTER TSDR LIVE 13 85373341 BITCOIN APPLIANCE TSDR DEAD 14 85405348 BITCOIN MERCHANT SOLUTIONS TSDR DEAD 15 85405343 MERCHANT SOLUTIONS FOR THE BITCOIN CURRENCY TSDR DEAD 16 85353491 BITCOIN TSDR DEAD Title: Re: Bitcoin Foundation: Oppose trademark of "Bitcoin" on clothing Post by: RoadToHell on November 25, 2013, 04:33:34 PM Seems like this is the perfect opportunity for the Bitcoin Foundation to use its resources. Someone is trying to trademark "Bitcoin" on clothing: http://trademarks.justia.com/860/97/bitcoin-86097068.html An opposition won't be necessary. The application will 99% get rejected, since the term "bitcoin" will be deemed descriptive or even generic. On the small chance it slips by the examiners, then an opposition would be in order. http://bitcoin.org/bitcoin.pdf But the Foundation would do good by submitting examples of prior art and usage BEFORE the trademark is granted. Once the trademark is granted, the expense goes up and the trademark owner can go after others with lawsuits in the interim. Title: Re: Bitcoin Foundation: Oppose trademark of "Bitcoin" on clothing Post by: BittBurger on November 25, 2013, 04:36:19 PM It's a tough call.
Nobody owns bitcoin. And I successfully registered a trademark akin to: BaseballTalk recently. Can't get more generic and "previously used" than that. It got approved, because of what I was planning to use it for. Which was unique. Title: Re: Bitcoin Foundation: Oppose trademark of "Bitcoin" on clothing Post by: pening on November 25, 2013, 07:37:07 PM Seems like this is the perfect opportunity for the Bitcoin Foundation to use its resources. Someone is trying to trademark "Bitcoin" on clothing: http://trademarks.justia.com/860/97/bitcoin-86097068.html An opposition won't be necessary. The application will 99% get rejected, since the term "bitcoin" will be deemed descriptive or even generic. On the small chance it slips by the examiners, then an opposition would be in order. one word: Diesel there are many other examples, many brands are based on creators names, which are generic and widespread. Title: Re: Bitcoin Foundation: Oppose trademark of "Bitcoin" on clothing Post by: BitTrade on November 25, 2013, 07:56:29 PM Seems like this is the perfect opportunity for the Bitcoin Foundation to use its resources. Someone is trying to trademark "Bitcoin" on clothing: http://trademarks.justia.com/860/97/bitcoin-86097068.html An opposition won't be necessary. The application will 99% get rejected, since the term "bitcoin" will be deemed descriptive or even generic. On the small chance it slips by the examiners, then an opposition would be in order. This isn't how trademark law works. All you need to prove in order to nullify a trademark application is to show that SOMEONE, SOMEWHERE used the term before that person did in commerce, and that they would be "damaged" by their registration. You could also argue that the term is generic, or a myriad of other defenses. You don't need to have a "registered" trademark in order to have standing. Anyone who has printed the word "bitcoin" on a t-shirt has standing for prior use. And anyone can oppose on grounds that the term is generic. Title: Re: Bitcoin Foundation: Oppose trademark of "Bitcoin" on clothing Post by: Littleshop on November 25, 2013, 07:58:18 PM Seems like this is the perfect opportunity for the Bitcoin Foundation to use its resources. Someone is trying to trademark "Bitcoin" on clothing: http://trademarks.justia.com/860/97/bitcoin-86097068.html An opposition won't be necessary. The application will 99% get rejected, since the term "bitcoin" will be deemed descriptive or even generic. On the small chance it slips by the examiners, then an opposition would be in order. This isn't how trademark law works. All you need to prove in order to nullify a trademark application is to show that SOMEONE, SOMEWHERE used the term before that person did. You could also argue that the term is generic, or a myriad of other defenses. You don't need to have a "registered" trademark in order to have standing. Anyone who has printed the word "bitcoin" on a t-shirt has standing for prior use. And anyone can oppose on grounds that the term is generic. IANAL but.... Once someone has a trademark they can be a pain in the ass. A patent works more the way you say then a trademark. A trademark should not be granted for this, it is invalid, but if it is it is hard to defend against. Title: Re: Bitcoin Foundation: Oppose trademark of "Bitcoin" on clothing Post by: BitcoinBarrel on November 25, 2013, 08:21:29 PM Quick! Register a Patent for Air. We'll be rich!
Title: Re: Bitcoin Foundation: Oppose trademark of "Bitcoin" on clothing Post by: sobitcoin on December 09, 2014, 02:52:38 AM It's a tough call. Nobody owns bitcoin. And I successfully registered a trademark akin to: BaseballTalk recently. Can't get more generic and "previously used" than that. It got approved, because of what I was planning to use it for. Which was unique. In the event that a trademark was granted, how does that change the process for opposition had in been filed prior? |