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Yahoo Removes Registered Trademark (R) From Logo

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Re: Yahoo Removes Registered Trademark (R) From Logo

#22
post #9

and here is the opposite effect, the new windows 8 logo: http://i50.tinypic.com/15oidfb.jpg A clean, simple, elegant logo, completely ruined by the honking TM and (R) injected by the lawyers. The bizarre presence of two separate legalese-related sigils on a single logo makes it impossible to miss. Also makes it clear who is running the place.

Microsoft really don't need it. It would be very hard to argue in court that you released a product called 'Windows' without knowing that a similar product from Microsoft already exists, or that you didn't know that your Windows logo is the same or similar to what Microsoft produce.

Microsoft really should just have a subscript in the EULA or splash screen with "Microsoft® and the Windows Logo ™ are registered trademarks of Microsoft Inc. 1 Redmond Way, Redmond, WA, etc."

That is what startups should do as well. The best way to estalish your intellectual property is through soft enforcement, just sending out polite letters whenever somebody uses your marks in their own products. If they don't change, then pursuit further, but this works well with Facebook and in a lot of other cases.

Re: Yahoo Removes Registered Trademark (R) From Logo

#23
post #13
post #9

and here is the opposite effect, the new windows 8 logo: http://i50.tinypic.com/15oidfb.jpg A clean, simple, elegant logo, completely ruined by the honking TM and (R) injected by the lawyers. The bizarre presence of two separate legalese-related sigils on a single logo makes it impossible to miss. Also makes it clear who is running the place.

How does apple get away without this? Curious if anyone knows

Very small type at the bottom of their ads. Despite what people think, you are not required to stick a trademark sigil right next to your mark. I have been having this argument with people for nearly 20 years, and don't blame the lawyers so much as the managers who won't take the time and effort to actually think about what the lawyers are telling them.

Re: Yahoo Removes Registered Trademark (R) From Logo

#26
post #13

Earlier quoted context omitted.

How does apple get away without this? Curious if anyone knows

http://en.wikipedia.org/wiki/Apple_Corps_v_Apple_Computer maybe they couldn't for a while?

http://www.logodesignlove.com/trademark-symbols

Re: Yahoo Removes Registered Trademark (R) From Logo

#27
post #13
post #9

and here is the opposite effect, the new windows 8 logo: http://i50.tinypic.com/15oidfb.jpg A clean, simple, elegant logo, completely ruined by the honking TM and (R) injected by the lawyers. The bizarre presence of two separate legalese-related sigils on a single logo makes it impossible to miss. Also makes it clear who is running the place.

How does apple get away without this? Curious if anyone knows

I'm not too keen on trademark law, but as I understand it the point to including an (R) symbol is to provide notice that a mark is registered with the USPTO.

Why does notice matter? It doesn't excuse infringement if the (R) is missing. However, if you infringe on a trademark, damages are due from the date that you know or should know that the mark is registered. So if you register a mark for your obscure brand of shoe trees or whatever, it makes sense to include the (R) wherever you can.

Now who doesn't have this problem? Apple, for one. Unless you've been living under a tree for 35 years, you know that if you sell computers with an Apple logo on the front, you're infringing on a famous registered trademark.

Yahoo also doesn't have this problem, so who knows why they felt they needed to include the (R). During the original dotcom bubble, some companies were notably overzealous about IP, so they may have gone all in at the time only to revisit it now.

Re: Yahoo Removes Registered Trademark (R) From Logo

#28
post #9

and here is the opposite effect, the new windows 8 logo: http://i50.tinypic.com/15oidfb.jpg A clean, simple, elegant logo, completely ruined by the honking TM and (R) injected by the lawyers. The bizarre presence of two separate legalese-related sigils on a single logo makes it impossible to miss. Also makes it clear who is running the place.

I think TM is what you put prior to the mark being approved as a registered trademark by the USPTO. (It's analogous to "US Patent Pending" but for trademarks.) So eventually there will be two (R) on that logo.

Maybe Microsoft could make the whole logo out of (R) symbols. Then the ones inserted by the lawyers will fit in.

Re: Yahoo Removes Registered Trademark (R) From Logo

#29
post #22
post #9

and here is the opposite effect, the new windows 8 logo: http://i50.tinypic.com/15oidfb.jpg A clean, simple, elegant logo, completely ruined by the honking TM and (R) injected by the lawyers. The bizarre presence of two separate legalese-related sigils on a single logo makes it impossible to miss. Also makes it clear who is running the place.

Microsoft really don't need it. It would be very hard to argue in court that you released a product called 'Windows' without knowing that a similar product from Microsoft already exists, or that you didn't know that your Windows logo is the same or similar to what Microsoft produce. Microsoft really should just have a subscript in the EULA or splash screen with "Microsoft® and the Windows Logo ™ are registered tradem…

Microsoft is probably aggressive about the windows trademark as it is a very generic trademark and could easily be revoked if not defended vigorously.

Even in relation to operating systems it is generic - think "window manager". Because of this it is very easy to argue that Microsoft should not have been allowed to trademark such a generic term.

Re: Yahoo Removes Registered Trademark (R) From Logo

#30
post #22
post #9

and here is the opposite effect, the new windows 8 logo: http://i50.tinypic.com/15oidfb.jpg A clean, simple, elegant logo, completely ruined by the honking TM and (R) injected by the lawyers. The bizarre presence of two separate legalese-related sigils on a single logo makes it impossible to miss. Also makes it clear who is running the place.

Microsoft really don't need it. It would be very hard to argue in court that you released a product called 'Windows' without knowing that a similar product from Microsoft already exists, or that you didn't know that your Windows logo is the same or similar to what Microsoft produce. Microsoft really should just have a subscript in the EULA or splash screen with "Microsoft® and the Windows Logo ™ are registered tradem…

Microsoft is probably aggressive about the windows trademark as it is a very generic trademark and could easily be revoked if not defended vigorously.

Even in relation to operating systems it is generic - think "window manager". Because of this it is very easy to argue that Microsoft should not have been allowed to trademark such a generic term.

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