4 ms·

I'm still befuddled that you can trademark a name like Sky or Apple. I'm more befuddled that the EU courts would block registration of a trademark that is alrea

I'm still befuddled that you can trademark a name like Sky or Apple. I'm more befuddled that the EU courts would block registration of a trademark that is already widely known as a brand name and that the plaintiff in this case isn't even challenging as an infringement on their trademark.

IgorPartola 11y ago
Why not trademark Apple? To me "Apple" is different from "apple" and very different from "The Apple Pie Guys" or even "Apple Manufacturing". What I'd like to see is the clarification that trademarking a word like "Apple" should mean exact spelling. In this manner someone should be able to trademark "Apples" as a separate concept. The need for this was highlighted in the Elder Scrolls vs Mojang debacle. "Scrolls" and "Elder Scrolls" are different things and nobody calls the latter just Scrolls.
- ajross 11y ago
  Or Apple Records: http://en.wikipedia.org/wiki/Apple_Corps_v_Apple_Computer http://en.wikipedia.org/wiki/Apple_Corps_v_Apple_Computer People forget that Jobs and Woz started a company in an already-vibrant economy, and there was another powerful "Apple" out there already.
eueueu 11y ago
It gets even worse if you look at colour trademarking. eg Cadbury "own" the colour purple when it comes to chocolate. Orange also have a trademark on using the colour orange when operating a mobile phone business and had a spat with Easy about it http://news.bbc.co.uk/1/hi/magazine/3555398.stm http://news.bbc.co.uk/1/hi/magazine/3555398.stm
- josho 11y ago
  But, your example is the entire point about trademarks. It provides protection, from copycats or generic rip offs, this is a good thing. For example, lovers of Cadbury chocolate know that any purple wrapped chocolate will be Cadbury. They can quickly spot their chocolate in the store and don't need to worry about ever buying a cheap imitation chocolate purple candy bar from CadMury. This is good for both consumers and businesses* This works because there is nothing that intrinsically links purple to chocolate. Cadbury created that association, they invested in it, and through trademark's they are protected from knock offs confusing their brand. *Though I don't understand why many businesses then destroy their own brand by including sub-brands of lower quality. E.g. A purple cadbury chocolate bar that is sugar free--I'm sure we've all unknowingly bought the wrong sub-brand like this at some point in time.
  - im3w1l 11y ago
    Well let's say you want to create berry and fruit flavored chocolate. You make an orange chocalate wrapped in orange, a mint chocolate wrapped in green, a lemon chocolate wrapped in yellow and a blueberry chocolate in bluish purple. These are fairly common color/taste pairings used across products and product categories.
    - notahacker 11y ago
      Cadburys tried to trademark the specific colour Pantone 2865c for bars of milk chocolate. They still lost.
  - kuschku 11y ago
    Until you see Milka chocolate (older than Cadbury’s): http://www.germanfoods.us/milka-chocolate/images/milka-100/milka-alpine-milk-cream.jpg http://www.germanfoods.us/milka-chocolate/images/milka-100/m...
- tzs 11y ago
  Owens Corning has a trademark on the color pink for insulation.
rhino369 11y ago
It's because trademark is considerably more limited that most people believe. You trademark is limited to specific markets you operate in, both type of market and geographic markets. Apple Computers is okay because apple isn't descriptive about computer. You couldn't trademark apple in regards to the fruit. Typically, there can be a Sky TV station and a Sky car rental. However, sometimes a company can become so popular that reusing their name will actually confuse customers, and it is no longer allowed. For example, you would probably have a hard time using Apple now, even in an unrelated field.
- ghshephard 11y ago
  1224 Live hits for the exact word "Apple" at http://tmsearch.uspto.gov/ http://tmsearch.uspto.gov/
  - rhino369 11y ago
    That sort of actual confusion analysis in the US is done at the court level. Just because you can get it past USPTO doesn't mean Apple won't be able to get you to stop.
- notatoad 11y ago
  Trademark is supposed to be as limited as you say, but if that were actually the case then Sky and Skype wouldn't be colliding.
  - kuschku 11y ago
    Skype was trying to register the trademark Skype® in: Communication, Mobile, TV (emphasis mine). Of course that will collide.

IgorPartola 11y ago

Why not trademark Apple? To me "Apple" is different from "apple" and very different from "The Apple Pie Guys" or even "Apple Manufacturing". What I'd like to see is the clarification that trademarking a word like "Apple" should mean exact spelling. In this manner someone should be able to trademark "Apples" as a separate concept. The need for this was highlighted in the Elder Scrolls vs Mojang debacle. "Scrolls" and "Elder Scrolls" are different things and nobody calls the latter just Scrolls.

ajross 11y ago
Or Apple Records: http://en.wikipedia.org/wiki/Apple_Corps_v_Apple_Computer http://en.wikipedia.org/wiki/Apple_Corps_v_Apple_Computer People forget that Jobs and Woz started a company in an already-vibrant economy, and there was another powerful "Apple" out there already.

eueueu 11y ago

It gets even worse if you look at colour trademarking. eg Cadbury "own" the colour purple when it comes to chocolate. Orange also have a trademark on using the colour orange when operating a mobile phone business and had a spat with Easy about it http://news.bbc.co.uk/1/hi/magazine/3555398.stm http://news.bbc.co.uk/1/hi/magazine/3555398.stm

josho 11y ago
But, your example is the entire point about trademarks. It provides protection, from copycats or generic rip offs, this is a good thing. For example, lovers of Cadbury chocolate know that any purple wrapped chocolate will be Cadbury. They can quickly spot their chocolate in the store and don't need to worry about ever buying a cheap imitation chocolate purple candy bar from CadMury. This is good for both consumers and businesses* This works because there is nothing that intrinsically links purple to chocolate. Cadbury created that association, they invested in it, and through trademark's they are protected from knock offs confusing their brand. *Though I don't understand why many businesses then destroy their own brand by including sub-brands of lower quality. E.g. A purple cadbury chocolate bar that is sugar free--I'm sure we've all unknowingly bought the wrong sub-brand like this at some point in time.
- im3w1l 11y ago
  Well let's say you want to create berry and fruit flavored chocolate. You make an orange chocalate wrapped in orange, a mint chocolate wrapped in green, a lemon chocolate wrapped in yellow and a blueberry chocolate in bluish purple. These are fairly common color/taste pairings used across products and product categories.
  - notahacker 11y ago
    Cadburys tried to trademark the specific colour Pantone 2865c for bars of milk chocolate. They still lost.
- kuschku 11y ago
  Until you see Milka chocolate (older than Cadbury’s): http://www.germanfoods.us/milka-chocolate/images/milka-100/milka-alpine-milk-cream.jpg http://www.germanfoods.us/milka-chocolate/images/milka-100/m...
tzs 11y ago
Owens Corning has a trademark on the color pink for insulation.

rhino369 11y ago

It's because trademark is considerably more limited that most people believe. You trademark is limited to specific markets you operate in, both type of market and geographic markets. Apple Computers is okay because apple isn't descriptive about computer. You couldn't trademark apple in regards to the fruit. Typically, there can be a Sky TV station and a Sky car rental. However, sometimes a company can become so popular that reusing their name will actually confuse customers, and it is no longer allowed. For example, you would probably have a hard time using Apple now, even in an unrelated field.

ghshephard 11y ago
1224 Live hits for the exact word "Apple" at http://tmsearch.uspto.gov/ http://tmsearch.uspto.gov/
- rhino369 11y ago
  That sort of actual confusion analysis in the US is done at the court level. Just because you can get it past USPTO doesn't mean Apple won't be able to get you to stop.
notatoad 11y ago
Trademark is supposed to be as limited as you say, but if that were actually the case then Sky and Skype wouldn't be colliding.
- kuschku 11y ago
  Skype was trying to register the trademark Skype® in: Communication, Mobile, TV (emphasis mine). Of course that will collide.