Bitcoin Forum

Bitcoin => Legal => Topic started by: knightcoin on January 27, 2014, 12:40:44 PM



Title: Is bitcoin registrated trademark name ?
Post by: knightcoin on January 27, 2014, 12:40:44 PM
I mean... can I use the term bitcoin freely in my business ?


Title: Re: Is bitcoin registrated trademark name ?
Post by: hilariousandco on January 29, 2014, 05:46:33 PM
I mean... can I use the term bitcoin freely in my business ?

No, it's not trademarked, yes you can use it freely.


Title: Re: Is bitcoin registrated trademark name ?
Post by: atias on January 30, 2014, 05:47:48 PM
why, not ?  :)


Title: Re: Is bitcoin registrated trademark name ?
Post by: yatsey87 on January 30, 2014, 08:31:53 PM
Are you scared Satoshi might sue you? lol


Title: Re: Is bitcoin registrated trademark name ?
Post by: DeathAndTaxes on January 30, 2014, 08:34:19 PM
I mean... can I use the term bitcoin freely in my business ?

No, it's not trademarked, yes you can use it freely.

Ahem
https://www.mtgox.com/press_release_20111014.html
https://oami.europa.eu/eSearch/#details/trademarks/010103646

Of course at the time MtGox stated they "had" to keep the trademark as there is no way to release a trademark into the public domain.  However there is now a non-profit foundation, however the trademark remains with a for profit company.  All for your own good, of course.  We all know that MtGox, its owners, and all future owners until the end of time will never attempt to profit from this very valuable trademark.

So it certainly is trademarked and today MtGox (without any legal obligation on their part) says you can use their property as you see fit.  Will they next year? Next decade?  Of course MtGox could easily transfer the trademark either to an existing non-profit or create a new perpetual trust whose sole goal is to protect the Bitcoin trademark but that hasn't happened.  I am sure they just haven't go around to it yet.


Title: Re: Is bitcoin registrated trademark name ?
Post by: hilariousandco on January 30, 2014, 08:45:33 PM
I mean... can I use the term bitcoin freely in my business ?

No, it's not trademarked, yes you can use it freely.

Ahem
https://www.mtgox.com/press_release_20111014.html

Of course at the time MtGox stated they "had" to keep the trademark as there is no way to release a trademark into the public domain.  However there is now a non-profit foundation, however the trademark remains with a for profit company.  All for your own good, of course.  We all know that MtGox, its owners, and all future owners until the end of time will never attempt to profit from this very valuable trademark.

Oh, so Gox holds the trademark? Can't they sign it over to the foundation or something? Not really happy about them holding it. What happens if they go out of business or get bought out?


Title: Re: Is bitcoin registrated trademark name ?
Post by: djarot on January 30, 2014, 08:46:01 PM
Old Story - https://bitcointalk.org/index.php?topic=82224.0


Title: Re: Is bitcoin registrated trademark name ?
Post by: yatsey87 on January 30, 2014, 08:47:32 PM
I thought trying to trademark something like Bitcoin would get thrown out because it's already in use and in the public domain?


Title: Re: Is bitcoin registrated trademark name ?
Post by: DeathAndTaxes on January 30, 2014, 08:50:34 PM
I thought trying to trademark something like Bitcoin would get thrown out because it's already in use and in the public domain?

In the theoretical world where are government functions work perfectly it would be.  The rejection would be universal across every country and would occur no matter how often companies attempted registration again.

In the real world?  Patent and trademarks are big business they are routinely used by large companies (who have hundreds of lawyers who do nothing but seek patents and trademarks) and used as a weapon.  Against larger competitors they are used to secure cross licensing deals, against smaller competitors they are used to simply destroy the competition.


Title: Re: Is bitcoin registrated trademark name ?
Post by: sqabeloth on February 24, 2014, 05:06:35 AM
It's not a trademark actually so I think you can use it. No one ask if he can use such words as "gold", "silver" etc.


Title: Re: Is bitcoin registrated trademark name ?
Post by: hilariousandco on February 24, 2014, 02:34:01 PM
It's not a trademark actually so I think you can use it. No one ask if he can use such words as "gold", "silver" etc.

See DeathandTaxes post above.


Title: Re: Is bitcoin registrated trademark name ?
Post by: Mrrr on February 24, 2014, 06:57:17 PM
I thought trying to trademark something like Bitcoin would get thrown out because it's already in use and in the public domain?

In the theoretical world where are government functions work perfectly it would be.  The rejection would be universal across every country and would occur no matter how often companies attempted registration again.

In the real world?  Patent and trademarks are big business they are routinely used by large companies (who have hundreds of lawyers who do nothing but seek patents and trademarks) and used as a weapon.  Against larger competitors they are used to secure cross licensing deals, against smaller competitors they are used to simply destroy the competition.

Fortunately we are in an environment that allows multimillion operations through forum handles. 'Mt. Gox vs. DeathAndTaxes'. I think we're safe.


Title: Re: Is bitcoin registrated trademark name ?
Post by: BitcoinSean on February 28, 2014, 03:14:00 PM
You can use the word / term "Bitcoin" when your talking about them, etc.. but you can create an online currency and call it Bitcoin as Im guessing they would take action.


Title: Re: Is bitcoin registrated trademark name ?
Post by: LostDutchman on February 28, 2014, 08:17:34 PM
I mean... can I use the term bitcoin freely in my business ?

You need to go to:

http://www.uspto.gov/trademarks/index.jsp

And conduct a Trademark Search.

The term "Bitcoin" was actually trademarked for about a month in connection with cryptocurrency but was abandoned.

"Bitcoin" is trademarked in connection with certain goods and services but I'd bet that for must uses due to the ubiquitous nature of the term that subsequent registrations would not hold up.

My $.02.

;)



Title: Re: Is bitcoin registrated trademark name ?
Post by: DeathAndTaxes on February 28, 2014, 08:21:14 PM
http://www.uspto.gov/trademarks/index.jsp

I have heard there are other countries on this planet of ours.


Title: Re: Is bitcoin registrated trademark name ?
Post by: LostDutchman on February 28, 2014, 08:22:41 PM
http://www.uspto.gov/trademarks/index.jsp

I have heard there are other countries on this planet of ours.

Yeah, so I am told but with notable exceptions, they are mostly harmless.

My $.02.

;)


Title: Re: Is bitcoin registrated trademark name ?
Post by: kroleg on March 01, 2014, 10:12:59 AM
Though it's not trademarked, it's not the best idea to use this term in your buisness


Title: Re: Is bitcoin registrated trademark name ?
Post by: LostDutchman on March 01, 2014, 04:28:13 PM
Though it's not trademarked, it's not the best idea to use this term in your buisness

Why not?

Enquiring minds want to know!

;


Title: Re: Is bitcoin registrated trademark name ?
Post by: Entropy-uc on March 01, 2014, 09:09:35 PM
http://www.uspto.gov/trademarks/index.jsp

I have heard there are other countries on this planet of ours.

Fortunately a trademark must be actively defended or it will be ruled invalid.

That means that every time Bitcoin was used MtGox would have needed to notify the user that they are using a trademark of MtGox.  They could allow the usage to continue, but at a minimum they needed to insist that the TM symbol follows, and that a notation is included indicating that Bitcoin is a trademark of MtGox.

Years of failing to do so, results in loss of the trademark to the public domain.


Title: Re: Is bitcoin registrated trademark name ?
Post by: LostDutchman on March 01, 2014, 09:47:47 PM
http://www.uspto.gov/trademarks/index.jsp

I have heard there are other countries on this planet of ours.

Fortunately a trademark must be actively defended or it will be ruled invalid.

That means that every time Bitcoin was used MtGox would have needed to notify the user that they are using a trademark of MtGox.  They could allow the usage to continue, but at a minimum they needed to insist that the TM symbol follows, and that a notation is included indicating that Bitcoin is a trademark of MtGox.

Years of failing to do so, results in loss of the trademark to the public domain.

Yeah, Baby!

What you wrote!

;)


Title: Re: Is bitcoin registrated trademark name ?
Post by: gweedo on March 01, 2014, 09:52:09 PM
I wonder if that will be part of their assets, if they sell that to a patient troll or someone for some nice money, we could be all screwed.


Title: Re: Is bitcoin registrated trademark name ?
Post by: Wanesst on March 03, 2014, 07:37:30 PM
I's a bad idea to create an online currency and call it Bitcoin. In other cases you can use the term "Bitcoin" as you wish


Title: Re: Is bitcoin registrated trademark name ?
Post by: Bobsurplus on March 03, 2014, 07:40:41 PM
Is there a trademark on $?



Title: Re: Is bitcoin registrated trademark name ?
Post by: DarwinNexus on March 03, 2014, 07:41:23 PM
I mean... can I use the term bitcoin freely in my business ?

You need to go to:

http://www.uspto.gov/trademarks/index.jsp

And conduct a Trademark Search.

The term "Bitcoin" was actually trademarked for about a month in connection with cryptocurrency but was abandoned.

"Bitcoin" is trademarked in connection with certain goods and services but I'd bet that for must uses due to the ubiquitous nature of the term that subsequent registrations would not hold up.

My $.02.

;)



Pretty certain this is correct.  Good post.


Title: Re: Is bitcoin registrated trademark name ?
Post by: LostDutchman on March 03, 2014, 09:06:21 PM
I mean... can I use the term bitcoin freely in my business ?

You need to go to:

http://www.uspto.gov/trademarks/index.jsp

And conduct a Trademark Search.

The term "Bitcoin" was actually trademarked for about a month in connection with cryptocurrency but was abandoned.

"Bitcoin" is trademarked in connection with certain goods and services but I'd bet that for must uses due to the ubiquitous nature of the term that subsequent registrations would not hold up.

My $.02.

;)



Pretty certain this is correct.  Good post.

Thanks!

I try to do my homework!

;)