OS2 World Community Forum

WebSite Information => Comments, Suggestions & Questions => Topic started by: Martin Iturbide on August 26, 2020, 02:59:59 pm

Title: OS/2 Trademarks
Post by: Martin Iturbide on August 26, 2020, 02:59:59 pm
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.

(https://www.os2world.com/forum/index.php?action=dlattach;topic=2549.0;attach=6585;image)

I'm not sure what it means.

Regards
Title: Re: OS/2 Trademarks
Post by: Mathias on August 26, 2020, 03:07:21 pm
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)
Title: Re: OS/2 Trademarks
Post by: Martin Iturbide on August 26, 2020, 03:23:38 pm
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)

 ;D ;D


I found this article: "4 Considerations Before Purchasing a Dead Trademark (https://www.trademarknow.com/blog/4-considerations-before-purchasing-a-dead-trademark)"

Quote
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.”

Quote
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  ;D

Regards
Title: Re: OS/2 Trademarks
Post by: Ibrahim Hakeem on August 26, 2020, 04:14:18 pm
It seems like a similar deal with Australia: https://search.ipaustralia.gov.au/trademarks/search/quick/result?q=OS%2F2#_649577
 (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.

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

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.
Title: Re: OS/2 Trademarks
Post by: Martin Iturbide on August 26, 2020, 04:21:34 pm
Good.

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

Regards
Title: Re: OS/2 Trademarks
Post by: Martin Iturbide on August 26, 2020, 04:28:48 pm
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)  (https://www.os2world.com/wiki/index.php/Logos) on a .... (I don't know how to say it in English).... rotated 45° square. (the one that I'm attaching)

Regards
Title: Re: OS/2 Trademarks
Post by: Martin Iturbide on August 26, 2020, 04:46:02 pm
Maybe a remake of this T-Shirt
Title: Re: OS/2 Trademarks
Post by: Wim Brul on August 26, 2020, 05:32:37 pm
From Glossary D (https://www.uspto.gov/learning-and-resources/glossary#sec-D)
Quote
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.
Title: Re: OS/2 Trademarks
Post by: Mathias on August 26, 2020, 09:45:40 pm
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.
Title: Re: OS/2 Trademarks
Post by: Renee Senger on August 27, 2020, 03:27:37 pm
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.

(https://www.os2world.com/forum/index.php?action=dlattach;topic=2549.0;attach=6585;image)

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/
Title: Re: OS/2 Trademarks
Post by: Renee Senger on August 27, 2020, 03:39:27 pm
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.

(https://www.os2world.com/forum/index.php?action=dlattach;topic=2549.0;attach=6585;image)

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/
Title: Re: OS/2 Trademarks
Post by: Renee Senger on August 27, 2020, 07:59:12 pm
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.

(https://www.os2world.com/forum/index.php?action=dlattach;topic=2549.0;attach=6585;image)

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.
Title: Re: OS/2 Trademarks
Post by: Martin Iturbide on August 27, 2020, 08:59:01 pm
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
Title: Re: OS/2 Trademarks
Post by: guzzi on August 27, 2020, 10:09:09 pm
A logo is not just protected by trademark but also by copyright.
Title: Re: OS/2 Trademarks
Post by: Martin Iturbide on August 28, 2020, 03:21:18 am
A logo is not just protected by trademark but also by copyright.

That's right.
Title: Re: OS/2 Trademarks
Post by: Mathias on August 28, 2020, 10:04:50 am
Why? OS/2 IS great already! :D

Question is: If you ask 100 people in your town: "What is OS/2?", I guarantee 90% won't know.
The typical thing like back in the days, when OS/2 was still maintained by IBM: People don't know the product, and/or don't know what it is for.. and why they should give it a try, even though they have Windows running. :>

As for ArcaOS: As soon as the typical problems are gone (browser, usb, uefi, gpt, localisation), merchandise should start, so more people actually know the product. - Perhaps even a demo live CD. (Perhaps not like AOL-CDs which were EVERYWHERE xD). - I often see people interested, but they are not willing to spend 117 EUR just to try out a product.

Anyway.. getting offtopic a little bit, I think I could prove OS/2 is not well known enough to be compared with brands like Mc Donalds or KFC.

But still, as Guzzi said, there still is Copyright. And since IBM and Microsoft have their hands on that stuff, this might be a thread for these two (and their lawyers). I suspect goodwill is required to officially abandon the brand and hand it over to somebody else. You might not be able to fight for this at court, as these companies have the ressources and also the best lawsuits in the world..

And even though the brand is gone, world wide, it's still "glowing hot iron".. better not touch it. ; )
Title: Re: OS/2 Trademarks
Post by: Renee Senger on August 28, 2020, 09:48:22 pm
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

There are some cases of this type all over the world! Here in Brazil "Land Rover" was registered at the time imported cars were banned. In Argentina, "Embratel" a trademark of a Brazilian Telecomunications State Company at this time, was registered too. Both were canceled by Patent and Trademark Offices.

Nowadays, after TRIP's (Agreement onTrade-Related Aspects of Intellectual Property Rights) in 1994 (GATT- Uruguay) these cases are not more common in signatory countries of the agreement
Title: Re: OS/2 Trademarks
Post by: Renee Senger on August 28, 2020, 11:37:55 pm
A logo is not just protected by trademark but also by copyright.

There are differences in the legislation of trademarks from different countries, but there are basically three types:

Word Marks (only a name)
Design Marks (only a logo)
Composite Marks (words and logo)

I do not know about protection of a design (to use as a trademark)
Title: Re: OS/2 Trademarks
Post by: Renee Senger on August 28, 2020, 11:40:59 pm

I do not know about protection of a design (to use as a trademark)
[/quote]

Protection as copyright.