Gmail Under Trademark Dispute

fbform writes "As reported by this article on InternetNews, when news about Google's IPO broke on March 31, 2004, some companies (Cencourse, Precision Research and ProNet Analytics) made a beeline for the USPTO to get Gmail trademarked in their name, as Google's IPO prospectus said that its unregistered trademarks included Gmail. Google itself was fourth in line, and it was followed by the Gospel Music Association. This might be a very sticky issue because USPTO Trademark Administrator Sharon Marsh says 'The application process is first come, first served. Applications are processed as they're received, and the person second in line will get a refusal of registration from our examiner.' All of which means that between Google's delay in applying for the trademark, the other organizations' attempt at what can only be called cybersquatting, and the USPTO's bureaucracy, Google could well be denied the use of Gmail as a trademark."

Comments

Uh... it's pretty much Google's fault

[SilentChris]

Geek fandom aside, you don't launch a product (even a beta) and not grab the name. What did they *think* would happen?

*Scratches head* I'm not going to go as far as some press has gone and say Google's been botching the IPO, but one wonders: how are they a good investment option if they can't even get basic business procedures right?

Gotta love the unbiased reporting on slashdot

[Jason1729]

All of which means that between Google's delay in applying for the trademark, the other organizations' attempt at what can only be called cybersquatting, and the USPTO's bureaucracy, Google could well be denied the use of Gmail as a trademark

Now if we replaced Google with Microsoft and gmail with hotmail, we'd all be critisizing MS for stomping on the rights of these poor little companies and non-profits.

MINE MINE MINE

[Crashmarik]

Anyone else notice the similarity between the way the legal profession operates and the way 2 year olds behave

The usages are different

[optimus2861]

Note in the article that what each word is using "Gmail" to refer to are slightly different. That may allow enough wiggle room for the USPTO to sort everything out. For instance:

Google wants it to offer a general-purpose web-based email service to the general public.

The investment firm uses it as a subscription-based mailing list for traders, bankers, brokers, etc.

The Gospel Music Association uses it to refer to their newsletter.

The fourth firm, it doesn't say specifically, only that it's involved in high-tech equipment design.

Remember that a trademark only protects your mark in your specific line of business; it doesn't give you the undisputed use of the name in all arenas. Not that it stops the big companies from trying to throw their weight around, mind you (Like Nissan)