Bitcoin's name and Logo Registered in Spain.

[NotFuzzyWarm]

Folks, please do not keep confusing the issue by calling it a 'Patent". They registered the name and Logo - aka were granted Trademark status for name and logo. Patent and Trademark are 2 vastly different things.

That said, I still don't get why the Spanish Patent and Trademark Office allowed it considering both the name and logo have been openly used for nearly 8 years. The only good thing is that rather like the usage of the iPhone trademark in China (hint - it's not Apple that makes it. It's a Chinese company who registered the Tm in China before Apple did), the usage ruling only applies to businesses in Spain.

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[kryptqnick]

Bitcoin's name and logo have been registered with the Spanish Patent and trademark office. This is great news for the family of Bitcoin to be recognized officially. An anonymous person through a lawyer had deemed it fit to secure the bitcoin name and its logo, he's a bitcoin buyer and seller, according to the news I quote: "I am a bitcoin salesman, I have a buying and selling office, and the idea is to protect bitcoin, at least in Spain. So I stand up for the brand and take responsibility that any new user can feel 100% safe working with me and away from the scams that name and use ‘bitcoin." These words are so powerful than I can imagine, lets us arise and protect this technology from the hands of its enemies, the Spanish have done the needful and let others follow suit. I welcome you'll to another world of Bitcoin. Source

The patent and trademark legislation is ridiculous and sometimes incompatible between different countries. Someone mentioned an EU-wide patent, and now there's a different one exclusively for Spain. I think the approach is usually the following: we grant you the patent, but then we might take it back in case someone cases and takes you to court. I wonder what Faketoshi thinks about these European patterns and how it's compatible with a pattern of his own in the US. As for this person in Spain, I think it's hypocrisy to take Bitcoin name and logo while saying that it's done for protection of Bitcoin... Obviously, it's done to try profiting from it, and without any regards to what others and the real Satoshi think about it.

[BuNga_cute]

In my opinion bitcoin does not require patent and trademark registration in any country, because bitcoin is an open source that cannot
owned by anyone. But if you feel you have to do a patent to protect bitcoin in Spain, that is your right. Actually I am glad to know there
are people like you who fight for bitcoin by registering patents, this shows you really care about bitcoin.

[NotFuzzyWarm]

In my opinion bitcoin does not require patent and trademark registration in any country, because bitcoin is an open source that cannot
owned by anyone. But if you feel you have to do a patent Trademark to protect bitcoin in Spain, that is your right. Actually I am glad to know there
are people like you who fight for bitcoin by registering patents Trademarks, this shows you really care about bitcoin.

(edits mine) This is a technical forum and as such please use the correct terminology. Again - this is not a Patent - it is a Trademark that has been registered. Patents deal with how something can be done/made be it a mechanical design or a process method, Trademarks are strictly for Logo's and brand names.

[Darker45]

The EU considers bitcoin money as a whole, is the dollar sign not protected? Can you not claim a piece of paper is a dollar without problem (just curious)...

Legal protection and regulations of the use of the dollar symbol ($) must vary from one country to another. We have to note that there are at least 20 countries all over the world using the dollar as their nation's official currency.

However, I am pretty much certain that if you use it as a shirt, mug, book, cap design which is not in any way offensive or degrading to it, or use it in a store name such as "Convenience $tore" or "Save a Dollar Store," you won't be having any problem at all. Neither would you even need to ask for permission for its use.

But if you claim a piece of paper other than the one officially issued and sanctioned by the government as a dollar and for some reasons I cannot imagine it gained some monetary value, then you could probably be sued for fraud or even counterfeiting. 

Anyway, this man referring to "Bitcoin" and the Bitcoin logo as "my brand" makes me cringe. 

[jackg]

The EU considers bitcoin money as a whole, is the dollar sign not protected? Can you not claim a piece of paper is a dollar without problem (just curious)...

Legal protection and regulations of the use of the dollar symbol ($) must vary from one country to another. We have to note that there are at least 20 countries all over the world using the dollar as their nation's official currency.

However, I am pretty much certain that if you use it as a shirt, mug, book, cap design which is not in any way offensive or degrading to it, or use it in a store name such as "Convenience $tore" or "Save a Dollar Store," you won't be having any problem at all. Neither would you even need to ask for permission for its use.

But if you claim a piece of paper other than the one officially issued and sanctioned by the government as a dollar and for some reasons I cannot imagine it gained some monetary value, then you could probably be sued for fraud or even counterfeiting. 

Anyway, this man referring to "Bitcoin" and the Bitcoin logo as "my brand" makes me cringe. 

Yeah this is the difference between what intellectual. Property protects and what it doesn't. Afaik if you set up a private Disney, Cadbury... store and confirmed everything you sold was genuine from them, they won't have any power in closing you if you use their name in the store or on products for example (as long as it isn't identical to their name and logo)..

In the context of writing a review or mentioning an IP protected item is also considered acceptable use.

The line of legal and illegal is very thin and sometimes may end up getting twisted by representation of one side (especially if juried which I think you can request in Europe).

Has he actually registered the patent based on the article, I wouldn't have thought they'd grant it since in my post on this threat (at #2) I found a patent registered in 2011 and approved in 2012 that already existed in the EU.

[Baofeng]

This makes me ask myself, should bitcoin be patented on each country? or if it was already patented in another country then is nonsense to do it?

This looks like a nice step, but if it was already registered in Germany maybe it was just a waste of time.

Exactly, and this get me thinking, should I patented it myself here in my country? LOL.

I'm not sure but the person who registered and patented it may have some 'narrative' behind. At this point, we can't really tell, but I'm a bit skeptic and suspicious, to be honest.

[Lorence.xD]

This makes me ask myself, should bitcoin be patented on each country? or if it was already patented in another country then is nonsense to do it?

This looks like a nice step, but if it was already registered in Germany maybe it was just a waste of time.

Exactly, and this get me thinking, should I patented it myself here in my country? LOL.

I'm not sure but the person who registered and patented it may have some 'narrative' behind. At this point, we can't really tell, but I'm a bit skeptic and suspicious, to be honest.

I am sorry but can someone explain the reason for patent because I apparently do not get the point why they are patenting the logo and name, wouldn't patenting it meant they will get royalty when someone uses the name and logo? I have that question because I think that is how patent works and I find it odd that they do that just to recognize the cryptocurrency when there are things that they could've done, I am not against it, I am generally just confused, enlighten a brother here, thanks a lot.

[jackg]

This makes me ask myself, should bitcoin be patented on each country? or if it was already patented in another country then is nonsense to do it?

This looks like a nice step, but if it was already registered in Germany maybe it was just a waste of time.

Exactly, and this get me thinking, should I patented it myself here in my country? LOL.

I'm not sure but the person who registered and patented it may have some 'narrative' behind. At this point, we can't really tell, but I'm a bit skeptic and suspicious, to be honest.

I am sorry but can someone explain the reason for patent because I apparently do not get the point why they are patenting the logo and name, wouldn't patenting it meant they will get royalty when someone uses the name and logo? I have that question because I think that is how patent works and I find it odd that they do that just to recognize the cryptocurrency when there are things that they could've done, I am not against it, I am generally just confused, enlighten a brother here, thanks a lot.

It's a registered trademark they're going on about. A patent on it would be patenting the wholensoftware which would be counterproductive and unenforceable anyway.

Whether a trademark can or will be enforceable on the bitcoin name is something I'd also consider unlikely since it wasn't taken out by the person who came up with the coin (I assume but European courts would accept a bitcoin signature of a Satoshi private key to be valid). Essentially a trademark protects the name and logo from being misrepresented so no one could use bitcoins name to market something else unrelated (a bank couldn't sell flashy stickers with the bitcoin logo on claiming they're a bitcoin - a poor example but it's hard to explain).

[Lorence.xD]

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It's a registered trademark they're going on about. A patent on it would be patenting the wholensoftware which would be counterproductive and unenforceable anyway.

Whether a trademark can or will be enforceable on the bitcoin name is something I'd also consider unlikely since it wasn't taken out by the person who came up with the coin (I assume but European courts would accept a bitcoin signature of a Satoshi private key to be valid). Essentially a trademark protects the name and logo from being misrepresented so no one could use bitcoins name to market something else unrelated (a bank couldn't sell flashy stickers with the bitcoin logo on claiming they're a bitcoin - a poor example but it's hard to explain).

Thank you for the explanation, I think I get the gist of it. So, you basically prevent people with malicious intent to use bitcoin as a medium to create trust that is needed for completing their scheme. I guess the enforcement of this will be the hardest part because there will be people who will slip through the cracks whether we like it or not.

[davis196]

Is there not already an EU wide patent? https://trademarks.ipo.gov.uk/ipo-tmcase/page/Results/4/EU010103646 (apparently registered in Germany in 2011)...

I mean it's a step but I don't know if it'll stop people relating scams to the name...

If I remember the patent legislation correctly,a registered patent in one EU country doesn't mean that the patent is approved automatically in all EU countries.There's an approval process in every country.
Off course this won't stop people to continue creating Bitcoin scams and I doubt that it will stop the altcoins BCH/BSV and all the other forked "Bitcoins".
That guy will have to sue all the people,who are using the name "Bitcoin" in Spain without his permission,but court trials are very expensive and very slow,so the effect of this patent is questionable.

[Arkann]

Is there not already an EU wide patent? https://trademarks.ipo.gov.uk/ipo-tmcase/page/Results/4/EU010103646 (apparently registered in Germany in 2011)...

I mean it's a step but I don't know if it'll stop people relating scams to the name...

If I remember the patent legislation correctly,a registered patent in one EU country doesn't mean that the patent is approved automatically in all EU countries.There's an approval process in every country.
Off course this won't stop people to continue creating Bitcoin scams and I doubt that it will stop the altcoins BCH/BSV and all the other forked "Bitcoins".
That guy will have to sue all the people,who are using the name "Bitcoin" in Spain without his permission,but court trials are very expensive and very slow,so the effect of this patent is questionable.

If a patent is registered with the regional patent office, then its validity applies only to the party in which it is registered. But if the copyright holder registered the patent with an international organization, which includes countries from a certain list, then the patent can be international in nature. In addition, there are certain international organizations that control this process and protect property rights, such as the World Intellectual Property Organization. In addition, a patent can be protected in many countries even thanks to the existence of the World Patent Cooperation Treaty. Although in this case, regarding obtaining a patent for Bitcoin in Spain, you need to study the information more carefully, in order to understand what to expect from the owner of the property right. But in my opinion this in any case will not lead to good.

[DdmrDdmr]

I’ve being reading about this for a while, and kind of believe that the trademark should not have been registered.

This is what has been registered:
http://consultas2.oepm.es/ceo/jsp/busqueda/consultaExterna.xhtml?numExp=M4046141

It corresponds to the Bitcoin logotype, alongside the bitcoin term to the right, as a figure representation.

Looking over the manual that specifies what can be registered as a trademark (http://www.oepm.es/export/sites/oepm/comun/documentos_relacionados/Publicaciones/Folletos/Manual_solicitantes_marcas.pdf), there’s a section that specifies (page 20):

(translated)
Article 5. Absolutely prohibited.
1.   The following cannot be registered as a Trademark:
<…>
d. Those that are composed exclusively from signs or indications that have become the usual means to designate products or services in common language, or in loyal and constant customs of commerce.
 

The registered Bitcoin Logotype could fall under this category easily, so I figure that the person that attended the case at the Spanish trademark office had no clue what Bitcoin was to begin with, and was likely mislead by the layer that made the registry,  by not providing the whole context to the logotype and its current usage worldwide.

Theoretically, the registrant can renew the rights every 10 years, providing he makes use of the brand on the market.

I doubt this will really lead to anything substantial in practical terms though.

[jackg]

Is there not already an EU wide patent? https://trademarks.ipo.gov.uk/ipo-tmcase/page/Results/4/EU010103646 (apparently registered in Germany in 2011)...

I mean it's a step but I don't know if it'll stop people relating scams to the name...

If I remember the patent legislation correctly,a registered patent in one EU country doesn't mean that the patent is approved automatically in all EU countries.There's an approval process in every country.
Off course this won't stop people to continue creating Bitcoin scams and I doubt that it will stop the altcoins BCH/BSV and all the other forked "Bitcoins".
That guy will have to sue all the people,who are using the name "Bitcoin" in Spain without his permission,but court trials are very expensive and very slow,so the effect of this patent is questionable.

If a patent is registered with the regional patent office, then its validity applies only to the party in which it is registered. But if the copyright holder registered the patent with an international organization, which includes countries from a certain list, then the patent can be international in nature. In addition, there are certain international organizations that control this process and protect property rights, such as the World Intellectual Property Organization. In addition, a patent can be protected in many countries even thanks to the existence of the World Patent Cooperation Treaty. Although in this case, regarding obtaining a patent for Bitcoin in Spain, you need to study the information more carefully, in order to understand what to expect from the owner of the property right. But in my opinion this in any case will not lead to good.

https://euipo.europa.eu/ohimportal/en/trade-marks
Yeah it's protected throughout the entire EU.

The same information on the trademark can also be found here https://euipo.europa.eu/eSearch/#details/trademarks/010103646

[so98nn]

Is there not already an EU wide patent? https://trademarks.ipo.gov.uk/ipo-tmcase/page/Results/4/EU010103646 (apparently registered in Germany in 2011)...

I mean it's a step but I don't know if it'll stop people relating scams to the name...

Surprisingly it can still be used to scam people. With trademarks you can protect the brand, logo, name but you can't avoid consequences of process that will affect it. So what if that guy registered it, it's just good for his office's authentication but not what he would do inside. I am not saying it's not helpful or best thing to do but it's pointless to say its gonna make the trades more secure. There is always breach in any organisation no matter how small or big brand it is.

[jackg]

Surprisingly it can still be used to scam people. With trademarks you can protect the brand, logo, name but you can't avoid consequences of process that will affect it. So what if that guy registered it, it's just good for his office's authentication but not what he would do inside. I am not saying it's not helpful or best thing to do but it's pointless to say its gonna make the trades more secure. There is always breach in any organisation no matter how small or big brand it is.

Yeah there are so many reason this patent might not be enforcible (one main one being that the scammers could just be prosecuted against advertising laws). Another being that you can't enforce a trademark of a functioning name, if I tried to trademark an untrademarked name they'd still be able to use their name and probably take me to court for claiming their property was mine - however this will probably result in a fine to their representation.

The EU patent looks a lot like it might just be advertising the company that registered it rather than something enforceable imo.

[Benefactor]

If implemented, it would bring good news for all Bitcoin users. Not only Spain but also some other countries have approved bitcoin for their country. But sadly, the truth is that so far many countries have banned Bitcoin for their country. It is good that gradually all countries will have confidence in Bitcoin and all countries will approve Bitcoin for their country. The fact that Bitcoin is officially recognized is really great news.

[DdmrDdmr]

Oddly enough (or not so much), I’ve found a couple more very recent attempts to register the same Trademark in Spain, under different people’s names and pretexts:

(Status: In Process – Activity:  clothing, shoes and hats): http://www.oepm.es/en/signos_distintivos/resultados_expediente.html?mod=M&exp=4064164&bis=

(Status: In Process – Activity: jewellery): http://www.oepm.es/en/signos_distintivos/resultados_expediente.html?mod=M&exp=4070087&bis=

[Britheyettor]

Many scammers try to use the well-known names to cover up their criminal activities.
Do not believe them or believe any name or slogan bearing Bitcoin logo on it is legal because it is not a company but rather a decentralized network controlled by society and no central force can interfere with it.

Those who claim to defend this technology will become scammers over time.

[AGD]

bitcointalk user bitboy might be interested in this

https://bitcointalk.org/index.php?topic=1631.0