OS/2 Trademarks

[Martin Iturbide]

Hi

I don't know much about the process of trademarking and I'm just posting this as a curious note.

During some years I had been following the OS/2 trademarks on the "http://tmsearch.uspto.gov" search tool.
"OS/2" was the last one active, and at the end was "cancelled" on "April 24, 2020".

Now all that OS/2 trademarks are "DEAD" on that database.



I'm not sure what it means.

Regards

[Mathias]

Don't tell IBM and Microsoft. It might be like with that guy back then, who realised the google.com domain had expired. So, he went and bought it... and google had to buy it back, after they found out. :>

Maybe ArcaOS can be renamed to OS/2 5 :p (just kidding)

[Martin Iturbide]

Don't tell IBM and Microsoft. It might be like with that guy back then, who realised the google.com domain had expired. So, he went and bought it... and google had to buy it back, after they found out. :>

Maybe ArcaOS can be renamed to OS/2 5 :p (just kidding)

 


I found this article: "4 Considerations Before Purchasing a Dead Trademark"

The USPTO defines a dead mark as:

    “a dead or abandoned status for a trademark application means that specific application is no longer under prosecution within the USPTO, and would not be used as a bar against your filing.”

If the mark has been abandoned for 3 to 5 years, odds are, you’re in the clear. That’s the span that the USPTO requires trademarks to be maintained, meaning if the proper paperwork hasn’t been filed, it’s potentially up for grabs.

If we register the OS/2 and OS/2 Warp trademarks, maybe we can make and sell our own T-shirts 

Regards

[Ibrahim Hakeem]

It seems like a similar deal with Australia: https://search.ipaustralia.gov.au/trademarks/search/quick/result?q=OS%2F2#_649577
. As a matter of fact, the trademark for OS/2 Warp hasn't been renewed since 2004.

If we register the OS/2 and OS/2 Warp trademarks, maybe we can make and sell our own T-shirts 

A lot of people on Redbubble have been selling stuff with the OS/2 logo all over it, IBM hasn't really clapped down on those sellers so I doubt they would do a whole lot if someone where to start making T-shirts elsewhere.

[Martin Iturbide]

Good.

The same on some other countries: https://www.tmdn.org/tmview/#/tmview/results?page=1&pageSize=30&criteria=C&basicSearch=OS%2F2

Regards

[Martin Iturbide]

It is also nice to see the logos on the trademarks page.

It also makes me wonder that I need the OS/2 1.3 (neon colored logo) on a .... (I don't know how to say it in English).... rotated 45° square. (the one that I'm attaching)

Regards

[Martin Iturbide]

Maybe a remake of this T-Shirt

[Wim Brul]

From Glossary D

D
dead

a dead or abandoned status for a trademark application means that specific application is no longer under prosecution within the USPTO, and would not be used as a bar against your filing. It does not necessarily mean that there are not other marks that the trademark examining attorney would cite. It is also possible to revive an abandoned application (for example, if the USPTO declared the application abandoned for failure of the applicant to respond to an Office action, but the applicant later proved that a response was sent and the USPTO simply failed to match it with the file in a timely manner, then the case could be revived). Also, regardless of the status of an application within the USPTO, the owner may still claim common law rights, i.e, the mark may still be in use in commerce.

[Mathias]

Potentially newly made merchandise should better not include the IBM brand.. like on these T-Shirts ; )
Just OS/2 (and/or Warp) would need to do.

And indeed.. a lawyer should maybe have a look into this, before anybody should use OS/2 (and/or Warp) on any selfmade products. Just to be on the safe side.

[Renee Senger]

Hi

I don't know much about the process of trademarking and I'm just posting this as a curious note.

During some years I had been following the OS/2 trademarks on the "http://tmsearch.uspto.gov" search tool.
"OS/2" was the last one active, and at the end was "cancelled" on "April 24, 2020".

Now all that OS/2 trademarks are "DEAD" on that database.



I'm not sure what it means.

Regards

Hi,

Trademarks are rights granted by countries. USPTO show rights and status valids only in United States. it's necessary and important to do a search for International Trademark Registration (Madri Protocol) to know the real international status of a trademark. See
https://www.wipo.int/madrid/en/

[Renee Senger]

Hi

I don't know much about the process of trademarking and I'm just posting this as a curious note.

During some years I had been following the OS/2 trademarks on the "http://tmsearch.uspto.gov" search tool.
"OS/2" was the last one active, and at the end was "cancelled" on "April 24, 2020".

Now all that OS/2 trademarks are "DEAD" on that database.



I'm not sure what it means.

Regards

Hi,

Trademarks are rights granted by countries. USPTO show rights and status valids only in United States. it's necessary and important to do a search for International Trademark Registration (Madri Protocol) to know the real international status of a trademark. See
https://www.wipo.int/madrid/en/

Example of International Database Search in https://www3.wipo.int/branddb/en/

[Renee Senger]

Hi

I don't know much about the process of trademarking and I'm just posting this as a curious note.

During some years I had been following the OS/2 trademarks on the "http://tmsearch.uspto.gov" search tool.
"OS/2" was the last one active, and at the end was "cancelled" on "April 24, 2020".

Now all that OS/2 trademarks are "DEAD" on that database.



I'm not sure what it means.

Regards

Hi,

Trademarks are rights granted by countries. USPTO show rights and status valids only in United States. it's necessary and important to do a search for International Trademark Registration (Madri Protocol) to know the real international status of a trademark. See
https://www.wipo.int/madrid/en/

Example of International Database Search in https://www3.wipo.int/branddb/en/

Just to complement the subject, althought the trademark is a territorial right, as I said, valid in several countries in case of Madri Protocol, there is still the question of the notoriety of a trademark (Coca Cola, Goodyear, etc. are examples of notoriety). When a trademark owner prove the notoriety of his trademark, even when this mark expires (year fees were not paid on time), the notoriety status does not allow anyone to register this trademark. The ex-owner no longer has it's exclusive use but no one will be able to register it either to have exclusive use. I don't know OS/2 IBM Corporation trademark application details, but probably already has recognized notoriety.

[Martin Iturbide]

Nice discussion.

I just remembered that here in Ecuador we used to have a fake McDonald's, that registered the name locally in the 80's. Once the US McDonald's arrived to Ecuador, on the late 90's, they were not able to much against the fake one. The both coexisted for some years until the US McDonald's offered the fake one some money.

Regards

[guzzi]

A logo is not just protected by trademark but also by copyright.

[Martin Iturbide]

A logo is not just protected by trademark but also by copyright.

That's right.