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Tag: USPTO

  • Google Is Trying to Trademark the Word ‘Glass’, Currently Having Some Issues

    Google is attempting (and currently failing) to trademark the word ‘Glass’, in reference to their Google Glass wearable tech. Most of you will probably find joy in half of that statement. The United States Patent and Trademark Office is currently holding up their application for the trademark, citing a couple of main objections. “That’s effing stupid” not being one of them, unfortunately.

    From The Wall Street Journal:

    In a letter to the company last fall, a trademark examiner raised two main objections. One concern was that the trademark was too similar to other existing or pending computer software trademarks that contain the word “glass,” creating a risk of consumer confusion.

    The examiner also suggested that “Glass” — even with its distinctive formatting — is “merely descriptive.” Words that simply describe a product don’t have trademark protection under federal law — “absent a showing of acquired distinctiveness.” For example, a company that makes salsa couldn’t trademark the term “spicy sauce.”

    Basically, the USPTO is telling Google that ‘Glass’ isn’t enough of a thing on its own to merit a trademark–it’s just descriptive of the Google Glass device. Google can make the logo look as futuristic as they want, but at least right now, the USPTO isn’t buying that ‘Glass’ should be Google’s.

    Recently, Google’s lawyers responded to the USPTO, in a 1,928 page letter. Before you say “holy hell, there’s no way there’s that much to say about why ‘Glass’ should be trademarked,” you’re absolutely right. According to the WSJ, the vast majority (about 1,900 pages) are just examples of articles about Google Glass.

    Google’s goal here, obviously, is to bury the USPTO’s first objection, that the trademark would create consumer confusion. Google is basically saying “look, everyone in the world already associates ‘Glass’ with our product.”

    Of course, Google could just call it ‘Google Glass’, because they already have that one on lockdown. Apparently, it has to be just ‘Glass’. No word on whether or not Google is trying for the TM on ‘Glasshole.’ Might wanna lock that one up too.

    As of right now, Google lists ‘Glass’ as one of their trademarks.

    I don’t want to misplace all of my frustration. Let’s throw some at the patent system in general. Google is just doing what all companies do–cover all of their bases. It’s a predatory world out there, and Google is just doing what companies have to do these days. That doesn’t make the whole thing any less stupid, mind you, but there you go.

    On the other hand, trademarking (or attempting to trademark) works like ‘Glass’, ‘Face’, ‘Book’, and even ‘Apple’ is some weak shit. It’s infuriating, in fact. What do you think?

    Image via Robert Scoble, Google+

  • Twitter Finally Patents the Concept of Twitter

    Twitter – the actual concept of Twitter – is now patented.

    U.S. Patent 8,401,009 just went through, with Jack Dorsey and Biz Stone listed as inventors. It’s a vague and overarching concept of a “device independent message distribution platform,” first filed in 2007.

    Here’s the abstract (aptly titled, in the situation):

    A system (and method) for device-independent point to multipoint communication is disclosed. The system is configured to receive a message addressed to one or more destination users, the message type being, for example, Short Message Service (SMS), Instant Messaging (IM), E-mail, web form input, or Application Program Interface (API) function call. The system also is configured to determine information about the destination users, the information comprising preferred devices and interfaces for receiving messages, the information further comprising message receiving preferences.

    The system applies rules to the message based on destination user information to determine the message endpoints, the message endpoints being, for example, Short Message Service (SMS), Instant Messaging (IM), E-mail, web page output, or Application Program Interface (API) function call. The system translates the message based on the destination user information and message endpoints and transmits the message to each endpoint of the message.

    The patent makes it clear that the service is for messages that don’t have specific recipients themselves – messages that are maintained by a system and broadcast to all users, or “followers.”

    “Like many companies, we apply for patents on a bunch of our inventions. We also think a lot about how those patents may be used in the future, which is why we introduced the Innovator’s Patent Agreement to keep control of those patents in the hands of engineers and designers,” said Twitter in a statement, confirming the patent.

    “Look Ma, I’m officially an inventor (my dream as a kid)!” said Biz Stone in a tweet.

    [USPTO via The Verge]

  • USPTO Lets Google Host 10 TB of Patent Info

    The United States Patent and Trademark Office (USPTO) has entered an agreement with Google, which will see Google hosting unmodified patent and trademark public data.

    The USPTO says it doesn’t have the technical capability to provide the information in a bulk machine readable format, and that the arrangement is to serve as a bridge as the USPTO develops an acquisition strategy for this.

    "The USPTO is committed to providing increased transparency as called for by the President’s Open Government Initiative.  An important element of that transparency is making valuable public patent and trademark information more widely available in a bulk form so companies and researchers can download it for analysis and research," said Under Secretary of Commerce and Director of the USPTO, David Kappos.  "Because the USPTO does not currently have the technical capability to offer the data in bulk form from our own Web site, we have teamed with Google to provide the data in a way that is convenient and at no cost for those who desire it."

    Google Patents

    "We’re happy to work with the USPTO to make patent and trademark data more accessible and useful," said Jon Orwant, Engineering Manager for Google. "It’s important to make public data easier to gather and analyze. And when the data is free, that’s even better."

    The USPTO’s public data in bulk form has only been available as a fee-based service until this point. The agency says about ten terabytes will be made available. This will include patent grants, published applications, trademark applications, Trademark Trial and Appeal Board proceedings, patent classification info, patent maintenance fee events, and patent/trademark assignments.

    The partnership is a no-cost two year agreement. The information will be free to the public as well.

    Currently, Google already has a Patent search service in beta, which lets users search over 7 million patents.