[haiku] Re: Trademark

  • From: "Jorge G. Mare" <koki@xxxxxxxxxxxxx>
  • To: haiku@xxxxxxxxxxxxx
  • Date: Thu, 29 Oct 2009 20:33:37 -0700

On Fri, 2009-10-30 at 01:59 +0100, François Revol wrote:
> First trademark only exist in a specific area of products/services.
> You don't own a trademark for "all possible thing".
> This allows things like Linux (the OS kernel) and Linux (the washing 
> powder) to both be valid trademarks in some countries.

This is a given. Dane's question was answered in the context of what we
can all assume he is going to do, which I am pretty is not to start
selling washing powder. :)

> Then, usually both the name itself and the logo are registered.
> Often they are at the same time, especially when the name itself is 
> represented typographically in the logo.
> 
> Else you see things like "the Foobar logo and the name foobar are 
> registered trademarks of Foobar, Inc."
> 
> But AFAIK it's enough to apply for a semi-graphical mark, and cheaper.

I am not aware of the existence of semi-graphical marks, but maybe I am
just ignorant (I am no expert in the area of trademarks).

> > Also, my personal opinion is that commercial products that build on 
> > the
> > Haiku technology and benefit from the value proposition of its brand
> > should require a license on a case by case basis. This is not covered
> > anywhere currently, so it's not something that you have to worry 
> > about
> > now; but it may change in the future.
> 
> Trademark holders are free to licence it to any party it wishes.
> In theory one has to declare it to the TM office, but in practice it 
> costs some bucks, so I don't think it's worth doing.

I am not really sure what you mean by "it must be declared to the TM
office," but my understanding is that once you have a registered mark,
it is up to you whether you want to license it to others or not and
under what conditions.

<snip>

In my multiple discussions about trademarks on various Haiku mailing
lists (both public and closed) and with various people involved in the
project, the common denominator that always surfaces is the fact that
none of us (including myself) has real experience or knowledge to know
what the best course of action would be as it regards to registering,
protecting and making the best out of our trademarks.

This is why I have always recommended consulting with a trademark
attorney.

Regards,

Jorge/aka Koki



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