Gmail Trademark

[tinggg]

Hi

Anyone know if Gmail has a global trademark? I know they had a challange in the UK with a company operating with Gmail prior to Google but other individuals have registered Gmail in other countries without any reported problem???

Thanks for any help

 

[daughterofeve]

I think it may be that Gmail's trademark is only in how it's branded.. eg: the M superimposed onto an envelope, and the different colored letters similar to Google itself..

I dunno though.. I'm no legal expert. *shrug*

 

[vip-ip]

They're all trademarks. Everything related to google is a trademark.

 

[Dave_Z]

Hi

Anyone know if Gmail has a global trademark? I know they had a challange in the UK with a company operating with Gmail prior to Google but other individuals have registered Gmail in other countries without any reported problem???

I doubt there's a global trademark. You'd have to register for a trademark in
the area you intend to do business in, I think.

On the other hand, if you check the UDRP cases at WIPO and NAF, you'll find
numerous cases where domain name owners infringed on a trademark or so,
but won because they proved they have either legitimate uses for their
domain names or didn't use them in bad faith.

Read up the UDRP at http://www.icann.org/dndr/udrp/policy.htm . This will at
least give you an idea how it works.

 

[primacomputer]

Google has a trademark, but Cencourse has an earlier one. Filed the day Google announced the service. What do you call cyberquatting when there's nothing cyber about it.

Also, thyere's no such thing as a global trademark or international patent regardless of what anyone “knows”

 

[tinggg]

Hi

Thanks for taking the trouble to reply. I can appreciate the Cencourse position as they were using the name in good faith prior to google announcing gmail. However for those who buy up Gmail on other tld's in the hope of leveraging off the gmail brand then I guess the issues are:

- whether or not gmail is tradmarked in that country and,
- if not, whether you use that name in a way that exploits the google product, gmail????

Cheers

 

[suthra]

Google does not have a trademark for Gmail.

This was the reason for them not releasing gmail to public. THey disguised it in the name of Betatesting.

 

[Scorpio]

Shutra can u explain more ..
as in how does Betatesting help with trademark

 

[suthra]

hi Rajat, I think,
By making it Public, Google might have thought that a problem may arise from the original trademark holder.

 

[primacomputer]

Google does not have a trademark for Gmail.

What's this then?
http://tess2.uspto.gov/bin/showfield?f=doc&state=t5a8v.2.2

 

[rb]

What's this then?
http://tess2.uspto.gov/bin/showfield?f=doc&state=t5a8v.2.2

it says this at that link:

This search session has expired. Please start a search session again by clicking on the TRADEMARK icon, if you wish to continue.

 

[smadison]

This speculation is pretty irrelevent.

It doesn't really matter if Google has 'gmail' trademarked or not. If you buy a domain thinking to make a profit on 'gmail', or in any other way try to exploit the name to the point where Google takes notice and subsequently decides to take action, you will lose.

Do you have more attorneys on retainer than Google does? Do you have more experience in internet commerce and litigation? I'm guessing the answer is 'no', or you wouldn't be coming to a bunch of daytrader wannabes to get your legal advice in the first place.

Give up, and move on.

 

[nametrekker]

Any word on Google's Gmail's launch date? Cencouse has a Gmail video on the its website site www.cencourse.com -- very professional -- maybe this is why Google is delaying the launch?

 

[jberryhill]

I can appreciate the Cencourse position as they were using the name in good faith prior to google announcing gmail.

Complete BS, and one of the primary reasons why anyone who puts faith in what people here say about things in the USPTO database is in for a rude awakening.

First off, the data item you are talking about is an "intent-to-use" registration application - that's what the "1B" indicates under filing basis. Filing on an ITU basis is essentially a statement of, "We are not presently using this as a mark, but we plan to do so in the future." So where you get this "they were using the name in good faith prior to google announcing gmail" stuff is anyone's guess.

Secondly, go back through some newswire archives and take a look at when Google announced its Gmail service, and compare that date (taking into account that PM news releases are often dated to the next day) to the several ITU applications filed for "GMAIL". Kinda funny how all of those people just happened to be "inspired" as soon as the Google announcement was made.

Third, go to the Cencourse "Imagine your world" website, and try, just try, to nail down an answer to "what do they actually do?" Google cencourse, and just try to find evidence anywhere on the internet that anyone has ever paid them a dime for anything. You'll find plenty of links relative to their trademark application, but there is something that smells odd here.

The other misinformation in this thread requires more keystrokes than my fingers can spare at the moment. Suffice it to say, people will continue to believe that trademark registrations have some sort of magical power that I do not comprehend. If you are offering goods or services in commerce under a distinctive mark for those goods and services, and the relevant consuming public associates that mark with your goods and services, then you have a trademark, period, end of story.

Registration of your trademark provides certain procedural and legal advantages, but registration does not determine whether you do, or do not, have rights in a trademark.

 

[slipondajimmy]

as always well put jberryhill. And this is why you make the big bucks...lol

 

[jberryhill]

Thanks, but I apologize if I appear to be foaming at the mouth in that last post.

The Cencourse thing appears, IMHO, to have 'sham' written all over it.

After you take a look at www.cencourse.com, go have a look at www.spherequest.com.

There's just something goofy going on there.

 

[Mark]

Third, go to the Cencourse "Imagine your world" website, and try, just try, to nail down an answer to "what do they actually do?" Google cencourse, and just try to find evidence anywhere on the internet that anyone has ever paid them a dime for anything. You'll find plenty of links relative to their trademark application, but there is something that smells odd here.

I was thinking about this myself - It seems there are literally Thousands of "Professional" Sites out there that Don't seem to do anything ????
But they look good

 

[smadison]

GMail Launch

Any word on Google's Gmail's launch date? Cencouse has a Gmail video on the its website site www.cencourse.com -- very professional -- maybe this is why Google is delaying the launch?

Erm, it 'launched' several months ago.

Did you mean to ask when the Beta period will end? Cos even the development team don't necessarily have that info. Beta status is fairly irrelevant though. It merely means they can continue to refine the feature set.

 

[jberryhill]

It seems there are literally Thousands of "Professional" Sites out there that Don't seem to do anything ????

For loads of fun, try the fake Nigerian banks at www.aa419.org

 

[nametrekker]

Several culture and language video productions for mobile phones and for "elearning" platforms. There are progarms for Afghanistan, Middle East, South America. For military, corporations, and government agencies training employees. The Afghan and Iraq videos and mpegs by Cencourse and Spherequest - pretty amazing stuff.

As far as the trademark, it appears Google has already settled. Like Apple and Microsoft did with other trademarks in the past. Remember 'xbox'? Very simililar. I guess these corporations feel they can always acquire when they make mistakes. Japanese corporations like Sony and Docomo would never announce a products w/out filing a trademark first. Or most firms in Europe - as we recognize "first to file" rather than the "use". But we understand the USPTO is moving to "first to file" as it already is doing for its patents. Of course this will not be so great business for all the American attorneys. In Europe, very simple - "first to file" and not all the litigation. Maybe good, maybe bad. But I am not an expert. US corporations are very innovative and have great admiration for them. thank you and hope I do not offend anyone with my opinion. There are some very smart people on this site. Very impressive!

 

[jberryhill]

Several culture and language video productions for mobile phones and...

Yes, I can read the fluffy stuff on the website too.

1. Name one of their "international experts" or their "highly experienced and talented management team".

The video is a very nice montage of stock footage. I particularly liked the windmills. There are, in fact, two entirely different shots of windmills spinning. Very pretty. The girl talking on the telephone with the paper in her hand... I don't like that hairstyle, but to each his/her own. I also thought they over-used the picture of the airplane going overhead, and should have used another windmill clip.

2. Now, can you tell me what the "Gmail communications platform" does? What would you use it for? How much does it cost? Will it make my windmills spin better, or what?

3. Find, anywhere on the internet, any reference to Cencourse products or services being used, reviewed, tested, appraised, by anyone.

pretty amazing stuff.

Amazing stuff indeed. What does this "stuff" do, exactly?

But I am not an expert.

Apparently, since you seem completely unaware that rights in a registered ITU trademark application in the US do date back to the filing date, and that the US is not moving to a "first to file" patent system. This knowledge would indicate quite the opposite of expertise.

There are progarms for Afghanistan, Middle East, South America.

Really? Where? Can you quote some information about these "programs"?

Here are Google results for "Cencourse Afghanistan":

http://www.google.com/search?hl=en&q=cencourse+afghanistan&btnG=Google+Search

As of today, this search gets four hits - they are all news summaries which refer to (a) the Cencourse ITU trademark application and (b) Afghanistan, in completely separate stories.

In another amazing coincidence, nametrekker, it seems that you and I joined namepros at around the same time, and you seem to know quite a bit about Cencourse, although all of your posts seem to be about Google-related domain names and services.

I heard there was a funds raising presentation by the CENCOURSE team recently

Really? Where did you hear this? To whom was the presentation made? Who is on this Cencourse "team"?

 

[nametrekker]

Mr. Berryhill,

I'm sorry you do not like my hairstyle. I asked for a new style. But all they cared about was windmills, those crazy windmills.

Your skills in the Intellectual Property Law arena are quite commendable. Much success for your career and patent(s).

 

[jberryhill]

But all they cared about was windmills, those crazy windmills.

That's a shame. I am sure they would have been able to pick up some footage of the Googly Bear from the cutting room floor at Pixar, since that character didn't manage to make it into Shrek.

 

[e39m5]

I believe it was the googlee bear. lol.

e39m5

 

[jberryhill]

Right. I don't doubt for a minute that this bear must be Cencourse's biggest customer, having lost his email domain.

He and all of his woodland buddies communicate via the imaginary Cencourse global platform.