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Author Topic: Someone Random Trademarked "bitcoin" : Now we can't use the term?  (Read 35074 times)
Grant
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July 06, 2011, 05:35:37 PM
 #41

I am more concerned about "FIRST USE IN COMMERCE: 20110622" than someone holding a trademark to a name. I sure don't want Bitcoin to be used in commerce at all, maybe some of the folks here do.

If you dont want to use bitcoins for commerce, feel free to give me all your bitcoins, i have some commerce id like to do with them Wink

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trentzb
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July 06, 2011, 05:36:41 PM
 #42

Once it's shown (and evidenced) that Bitcoin is used in commerce then the US has complete jurisdiction over it (within US states/posessions) and can regulate at will (commerce clause). Like I said, I think some folks here want that sort of regulation, I sure don't and I think there is a number of other folks that don't either.

If this is the turning point for Bitcoin, all activity prior to 06/22/11 would not be subject to such regulation. IANAL, this is opinion only.
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July 06, 2011, 05:37:39 PM
 #43

Quote
Common law trademarks versus federal registration:

The term "common law" indicates that the trademark rights that are developed through use are not governed by statute. Instead, common law trademark rights have been developed under a judicially created scheme of rights governed by state law. Federal registration, a system created by federal statute, is not required to establish common law rights in a mark, nor is it required to begin use of a mark. However, federal registration, if available, is almost always recommended and gives a trademark owner substantial additional rights not available under common law. See the BitLaw discussion of federal registration for more information.

http://www.bitlaw.com/trademark/common.html
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July 06, 2011, 05:40:23 PM
 #44

Quote
Common law trademarks versus federal registration:

The term "common law" indicates that the trademark rights that are developed through use are not governed by statute. Instead, common law trademark rights have been developed under a judicially created scheme of rights governed by state law. Federal registration, a system created by federal statute, is not required to establish common law rights in a mark, nor is it required to begin use of a mark. However, federal registration, if available, is almost always recommended and gives a trademark owner substantial additional rights not available under common law. See the BitLaw discussion of federal registration for more information.

http://www.bitlaw.com/trademark/common.html

Now that would be a trademark right that I would get behind. Smiley
sadpandatech
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July 06, 2011, 05:42:59 PM
 #45

Does anyone have a link to the trademark application that was filed for this? I am curious to see what 'proof of concept' they submited along with the app, if any at all. Am still very curious to see it. Will take a hunt myself and post what I find if anything.


Any one here with some biz law / trademark law back ground care to chime in?

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July 06, 2011, 05:43:52 PM
 #46

I am more concerned about "FIRST USE IN COMMERCE: 20110622" than someone holding a trademark to a name. I sure don't want Bitcoin to be used in commerce at all, maybe some of the folks here do.

If you dont want to use bitcoins for commerce, feel free to give me all your bitcoins, i have some commerce id like to do with them Wink

I don't use bitcoins for commercial activity. If you wish to label (evidence) your bitcoin activity as commercial feel free to do so. I prefer to not participate in commerce.
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July 06, 2011, 05:45:13 PM
 #47

Does anyone have a link to the trademark application that was filed for this? I am curious to see what 'proof of concept' they submited along with the app, if any at all. Am still very curious to see it. Will take a hunt myself and post what I find if anything.


Any one here with some biz law / trademark law back ground care to chime in?

http://www.reddit.com/r/Bitcoin/comments/ii9kz/bitcoin_trademarked_on_the_united_states_patent/c23yv4i

How to get to the page:

go here http://www.uspto.gov/trademarks/index.jsp
go to 2. SEARCH MARKS
go to Basic Word Mark Search (New User)
Search Term: Bitcoin
Matt Corallo
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July 06, 2011, 05:48:48 PM
 #48

If you look deeper you will notice that is has only just been filed and is too new to even oppose yet.  When is is published in the USPTO Official Gazette, anyone can file an opposition for 300USD if they can show why they "would be damaged by the registration of the opposed mark".  I would ask that mtgox or some other Bitcoin-based company file such an opposition.

"Current Status: New application will be assigned to an examining attorney approximately 3 months after filing date."
"Registration Date: (DATE NOT AVAILABLE)"
"Current Location: 042 -New Application Processing"
In other words it has not yet been granted or registered, only filed.

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sadpandatech
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July 06, 2011, 05:49:16 PM
 #49

ewwww,
http://tdr.uspto.gov/jsp/DocumentViewPage.jsp?85353491/SPE20110625085727/Specimen/1/22-Jun-2011/sn/false#p=1


If you're not excited by the idea of being an early adopter 'now', then you should come back in three or four years and either tell us "Told you it'd never work!" or join what should, by then, be a much more stable and easier-to-use system. - GA
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gjy4ygfds
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July 06, 2011, 05:49:31 PM
 #50

How was bitcoin never trademarked before now? <.<
sadpandatech
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July 06, 2011, 05:54:07 PM
 #51

Link to Letter of Protest for said mark if anyone wishes to check it out.

http://teasg.uspto.gov/gf/spring/nonteas?execution=e1s2

Should be a lot easier than waiting until the mark has been published for opposition, which would cost money to file against and a fancy lawyer to make sincee of the extra paper work. ;p

If you're not excited by the idea of being an early adopter 'now', then you should come back in three or four years and either tell us "Told you it'd never work!" or join what should, by then, be a much more stable and easier-to-use system. - GA
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July 06, 2011, 05:56:45 PM
 #52

Thank you for your request. Here are the latest results from the TARR web server.

This page was generated by the TARR system on 2011-07-06 13:54:11 ET

Serial Number: 85353491 Assignment Information           Trademark Document Retrieval

Registration Number: (NOT AVAILABLE)

Mark


(words only): BITCOIN

Standard Character claim: Yes

Current Status: New application will be assigned to an examining attorney approximately 3 months after filing date.

Date of Status: 2011-06-27

Filing Date: 2011-06-22

Filed as TEAS Plus Application: Yes

Currently TEAS Plus Application: Yes

Transformed into a National Application: No

Registration Date: (DATE NOT AVAILABLE)

Register: Principal

Law Office Assigned: (NOT AVAILABLE)

If you are the applicant or applicant's attorney and have questions about this file, please contact the Trademark Assistance Center at TrademarkAssistanceCenter@uspto.gov

Current Location: 042 -New Application Processing

Date In Location: 2011-06-27

4C 6F 6E 67  4C 69 76 65  42 69 74 63 6F 69 6E
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Matt Corallo
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July 06, 2011, 05:59:08 PM
 #53

The next step is for this trademark to be examined by someone who will then object or not, if they make no objections (hopefully they use google first), it will be published in the USPTO Gazette, at which point anyone has 30 days to file an objection.  Hopefully the examiner will object, but if not, someone needs to, this wont get past.

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Matt Corallo
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July 06, 2011, 05:59:46 PM
 #54

Link to Letter of Protest for said mark if anyone wishes to check it out.

http://teasg.uspto.gov/gf/spring/nonteas?execution=e1s2

Should be a lot easier than waiting until the mark has been published for opposition, which would cost money to file against and a fancy lawyer to make sincee of the extra paper work. ;p
Dead link.

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sadpandatech
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July 06, 2011, 06:04:13 PM
 #55

Link seems to be working fine here. has anyone else tried it and can verify if working or not?

If you're not excited by the idea of being an early adopter 'now', then you should come back in three or four years and either tell us "Told you it'd never work!" or join what should, by then, be a much more stable and easier-to-use system. - GA
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Man From The Future
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July 06, 2011, 06:05:10 PM
 #56

Link seems to be working fine here. has anyone else tried it and can verify if working or not?
Server Error
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Probably depends on your session.
SgtSpike
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July 06, 2011, 06:06:00 PM
 #57

Link to Letter of Protest for said mark if anyone wishes to check it out.

http://teasg.uspto.gov/gf/spring/nonteas?execution=e1s2

Should be a lot easier than waiting until the mark has been published for opposition, which would cost money to file against and a fancy lawyer to make sincee of the extra paper work. ;p
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July 06, 2011, 06:06:46 PM
 #58

screenshot here:

http://rogerwehbe.com/?p=73


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Alex Beckenham
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July 06, 2011, 06:06:52 PM
 #59

What I'm wondering is if this will put at risk .com domain names that contain the word 'bitcoin'.

Most of mine were registered before his 'first use' date, but a few of them more recently.

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July 06, 2011, 06:07:15 PM
 #60

The next step is for this trademark to be examined by someone who will then object or not, if they make no objections (hopefully they use google first), it will be published in the USPTO Gazette, at which point anyone has 30 days to file an objection.  Hopefully the examiner will object, but if not, someone needs to, this wont get past.

Ideally I would think it would be easier to protest it before it gets to that point. Being that one of the purposes of the letter of protest is to facilitate doing so.

 (3) if the mark has not yet published for opposition, factual and objective evidence that is relevant and supports a reasonable ground for refusing registration

Sorry, go here http://teasg.uspto.gov/gf/spring/nonteas?execution=e1s3

and input the serial number for this trademark    85353491

If you're not excited by the idea of being an early adopter 'now', then you should come back in three or four years and either tell us "Told you it'd never work!" or join what should, by then, be a much more stable and easier-to-use system. - GA
It is being worked on by smart people. -DamienBlack
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