[Foundation] Possible Trademark workaround?????

jankowski at bigwhoop.org jankowski at bigwhoop.org
Sat Apr 6 08:06:02 CST 2002


>From what I can tell from the USPTO site, the Jabber, Inc. Trademark on
the word "Jabber" is still "in the queue" so to speak.  It was filed as
an Intent-to-use trademark in 2000, and has recently (Feb 28, 2002) been
approved by the USPTO.  The next step is to publish it in the Official
Gazette of the Trademark Office - at which point it may be publicly
opposed for up to 30 days.

I believe there is a fee ($200, I think..) to oppose it.  For commercial
entities who have a valid interest in branding their products/companies
with the "Jabber" mark, that is the appropriate time to oppose the mark.

Basically, if you can show that there is -not- "secondary meaning"
associated with the mark and Jabber, Inc. - and that common/prior use of
the mark is mainly to describe something else (ie- the protocol, the
open-source project, your dog, whatever...) your opposition would hold up.

IANAL,
-Matt

On Sat, 6 Apr 2002, Barry G Lee wrote:

> Howard
>
> Good idea, however at this point we need to hear out Jabber, Inc's position
> on their TM application and at that time we have something solid to talk
> about.
>
> Regards
>
> Barry
>




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