Topic: The Bitcoin trademark (Read 2407 times)

That will depend on several factors. Gox isn't over or insolvent yet either.

Sorry to bump an old post, but what will happen with the Bitcoin trademark now considering everything that is going on @ Gox now?

A trademark for open-source software? If Satoshi had wanted to trademark it, I am sure he had already thought of it. It should not be trademarked.

See my post above, this must be challenged within 30 days. USPTO has already denied one Bitcoin, what makes this jackass think he can file??

http://www.nolo.com/legal-encyclopedia/opposing-canceling-trademark-registration.html

Serial Number: 85883441
Filing Date: 03/22/2013

Girapps LLC
*STREET   13410 434th Ave. SE
*CITY   North Bend
*STATE
(Required for U.S. applicants)   Washington
*COUNTRY   United States
*ZIP/POSTAL CODE
(Required for U.S. applicants only)   98045
PHONE   4259416831

Google Maps street view

Your session has timed out?

Maybe this link would be more useful.

Don't worry, it won't hold up.  Federal courts have repeatedly ruled that generic terms can't become trademarks.  If this Michael is as wise as the last one, he'll abandon it too, and do so before opposition proceedings start.

I'll just leave this here: http://tess2.uspto.gov/bin/showfield?f=doc&state=4007:iwprk.2.2
http://tsdr.uspto.gov/documentviewer?caseId=sn85883441&docId=FTK20130326072633#docIndex=1&page=1
..someone notify Mt.gox

There is no US trademark. Under 15 USC 1052 (d) a Bitcoin trademark would "Consists of or comprises a mark which so resembles a mark registered in the Patent and Trademark Office, or a mark or trade name previously used in the United States by another and not abandoned, as to be likely, when used on or in connection with the goods of the applicant, to cause confusion, or to cause mistake, or to deceive"

These are current applications with Bitcoin in the title:
    Serial Number    Reg. Number    Word Mark    Check Status    Live/Dead
1    85877951       MILLY BITCOIN    TSDR    LIVE   Filing Date    March 15, 2013 Atlantic City Bitcoin, LLC
2    85798479       BITCOIN MAGAZINE    TSDR    LIVE  Filing Date    December 10, 2012 Coin Publishing LLC
3    85373341       BITCOIN APPLIANCE    TSDR    DEAD
4    85405348       BITCOIN MERCHANT SOLUTIONS    TSDR    DEAD
5    85405343       MERCHANT SOLUTIONS FOR THE BITCOIN CURRENCY    TSDR    DEAD
6    85353491       BITCOIN    TSDR    DEAD

Also note in the US:
§1063. Opposition to registration
(a)Any person who believes that he would be damaged by the registration of a mark upon the principal register, including as a result of dilution under section 43(c) [15 USC 1125(c)], may, upon payment of the prescribed fee, file an opposition in the Patent and Trademark Office, stating the grounds therefor, within thirty days after the publication under subsection (a) of section 12 of this Act [15 USC 1062] of the mark sought to be registered. Upon written request prior to the expiration of the thirty-day period, the time for filing opposition shall be extended for an additional thirty days, and further extensions of time for filing opposition may be granted by the Director for good cause when requested prior to the expiration of an extension. The Director shall notify the applicant of each extension of the time for filing opposition. An opposition may be amended under such conditions as may be prescribed by the Director.



The MtGox press release states that in first-to-file countries, MtGox may pursue trademarks preemptively, but doesn't state if they have obtained any. A search for European trademarks reveals these:

Trade mark name   Trade mark office   Trade mark reference number   Trade mark status   Nice class   Applicant name   Application date   Trade mark type
Bitcoin   FR   3897632   R   36, 41, 45   Paymium, SAS   2012-02-16   Combined
Bitcoin   FR   3846071   E   36   Celine Pascazi   2011-07-12   Combined
BITCOIN   PT   000481340   R   36   COGNITIVA, LDA.   2011-03-29   Word
BITCOIN   EM   010103646   R   9, 35, 38, 42   Tibanne Co. Ltd.   2011-07-06   Word
BITCOINMAGAZINE   EM   011346939   A   16, 35, 41   Vladimir Marchenko       Word

Tibanne has acquired the Euro trademark on Bitcoin: http://esearch.oami.europa.eu/copla/trademark/data/010103646 and bit coin: http://esearch.oami.europa.eu/copla/trademark/data/010050466  One opposition was filed - who is "Soyando Media Network GmbH" we wonder.

The France trademark by the trolls was "Application Refused". The accepted trademark in France is held by Paymium (Bitcoin-central).

The Portugal trademark is held by Name:   COGNITIVA, LDA.  http://www.cognitiva.com/
Address:   RUA DUARTE BARBOSA, Nº 407, R/C 03 4150-285 PORTO - PORTUGAL

Hardly /thread. "will be made". as in have not been made. Any followups to link ?

It's a common term and cannot be trademarked,  prior art existed since 2009

havent researched if mtgox does truly own trademarks "bitcoin" but if they do then:

the idea of owning the trademark. was not to gain control to then whip and govern others. but to pre-empt governments buying up the trademark and claim it as their own creation.

but hey, all government needs to do is buy mtgox and thus the government whips and lashes upon the bitcoin community will begin. so i hope MTGox sticks to their ethics to never sell out to government

The trademark is invalid,  I stopped it before,  i'll stop it again.

https://bitcointalk.org/index.php?topic=26527.0;all

I did search but did not found that statement. Missed it obviously. I still worry though. Commercial, profit driven, entity owning the 'Bitcoin' trademark does not sound good to me at least. Might be the only possibility, however. I do think it is good enough from MtGox point of view that they declared it free of use.

/thread

OP should check things before posting in the future just in case.

very nice

Well, that is enough for me I think (:

Here:

https://mtgox.com/press_release_20111014.html

Snippet:
We would like to use this opportunity to formally announce that all trademarks related to the term “Bitcoin” filed for and obtained by Tibanne K.K will be made freely available to anyone to use for whatever purpose whatsoever, whether that be for non-profit or commercial endeavours.

We will keep you apprised on these matters as soon as updates become available.

Regards
Mt.Gox Co. Ltd Team.


Annnnnnd, a long discussion about it if you can search:
https://bitcointalksearch.org/topic/m.906245

The 'Bitcoin' trademark is owned by MtGox, not the foundation.

Wait, isn't the trademark held by the Foundation? Yes, many of the board have commercial enterprises, but that doesn't mean that any of them (or MtGox in particular) can start abusing it. The Foundation needs to agree to abuse it. Is there any reason to worry about MtGox in particular?

I'm guessing the Foundation registered the trademark for the sake of others not registering it and abusing it. Is it possible to be granted a trademark and then "release" it unilaterally? In such a way to ensure the trademark can never be registered and abused? Or will we just have to wait for the term "bitcoin" to be ubiquitous enough to become "generic"?

It is better for a company with an interest in Bitcoin to hold the trademark than slimeball opportunists.

If MtGox doesn't defend it, it can become a generic term without protection, which is what we want.

Doubt this is the case. The owner owns the trademark even if no claims are made from their part. Although it might be considered generic if the court rules that the usage of 'Bitcoin' is used in a generic way, globally. Even if the accused part would eventually win, chances are that their money will run out before MtGox does.