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Apple seeks to trademark “startup” in Australia

startupsmart.com.au

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Re: Apple seeks to trademark “startup” in Australia

#41

Post by skeletonjelly »

pavlov wrote: post #19
m4x wrote: post #8

The article doesn't really comment on why Apple would actually want to trademark the word 'startup'. As far as I know it isn't used as part of their marketing anywhere. Can anybody here offer some insight?

The trademark application shown in the article offers a hint. The categories listed include "retail store services", "maintenance, installation and repair of computer hardware", "technical support services". It sounds like Startup will be a service offered in Apple retail stores, similar to the Genius Bar.

Australia doesn't seem to be the typical testing ground though for Apple. Why now?

Re: Apple seeks to trademark “startup” in Australia

#43

Post by grabeh »

jacques_chester wrote: post #39
grabeh wrote: post #37

Earlier quoted context omitted.

The owner of a mark with a sufficient reputation can take action against dissimilar goods and services where they're riding on the goodwill of the mark of course so TMs are not completely limited to their classes. Rolex could sue me if used their marks on a good which they weren't registered in if I was trying to take unfair advantage of their mark, tractors for example. Whilst it's highly unlikely in this case that…

Granted, but I don't think "startup" is a sufficiently distinct brand to be taken advantage of. But thankyou for the correction.

I agree however looking forwards the brand could grow sufficiently large to gain this enhanced protection. I think even if this did happen Apple would be unlikely to enforce overly harshly but their stance on the App Store mark goes some way to show their approach to TM enforcement (though the discussion over the distinctiveness is another discussion!)

Re: Apple seeks to trademark “startup” in Australia

#44

Post by b1daly »

It's hard to believe that Apple could get this through in the US given the amount of live marks with the word STARTUP. Over 50 results!

I have been working on a trademark application that was rejected preliminary basis on the grounds of "likelihood of confusion." (My mark is HOTKEY MATRIX for a hardware controller of audio software, the existing mark is HOT KEYS for "Computer Software program for playback of digital audio by touching computer screen.)

I was a little shocked when I delved into the various rulings how byzantine and nuanced the judgements are. Since the core issue is the potential for likeliness of confusion on the part of a consumer, each case is supposed to be judged on its own.

If your into this kind of thing here's the discussion on the US "Trademark Manual of Examining Procedure."

http://tmep.uspto.gov/RDMS/detail/manual/TMEP/Apr2013/d1e2.x...

I wonder if there is some strategy by which getting registration in other countries helps with getting US registration.

Re: Apple seeks to trademark “startup” in Australia

#45

Post by rimantas »

awestroke wrote: post #24
rimantas wrote: post #14

Earlier quoted context omitted.

What would happen then? MS spends lots more money on R&D, does it matter?

Apples and oranges

My point was that the amount of money spent on R&D does not matter. Apple came up with iPhone and iPad anyway. Your point is? That R&D is apples and R&D is oranges?

Re: Apple seeks to trademark “startup” in Australia

#46

Post by rimantas »

adamnemecek wrote: post #16
rimantas wrote: post #13

Earlier quoted context omitted.

As if there is anything not shady. Just definition of shady vary among the people.

What does this comment even mean? Questioning semantics to undermine the parent comment's argument? Quaint strategy.

That commen means: you can take any company and find that its practices are shady. Nobody questions semantics. You think Apple is shady, I think Google is no less shady, maybe more, given their business model.

Re: Apple seeks to trademark “startup” in Australia

#47

Post by dylangs1030 »

hdra wrote: post #15
drylight wrote: post #7

Earlier quoted context omitted.

Please don't say Linux.

Say one thing OS X does objectively better than Linux. I honestly can't think of any.

I've run both linux and OS X as my default setups (currently linux), and I have to say, OS X does a lot of things better. I like linux better overall, but that's just too strong a statement. Here's a few that OS X does better:

-- Font anti-aliasing.

-- Package management - people using linux should be expected to be able to compile from source, I know, but at least most packages released for Mac OS X are developed with binaries.

-- Graphics card drivers, specifically Nvidia (which Mac ships with).

Re: Apple seeks to trademark “startup” in Australia

#48

Post by ekianjo »

obiterdictum wrote: post #31
rozap wrote: post #10

Earlier quoted context omitted.

Spoken like someone who hasn't used Linux in the past decade.

I have been using it full-time circa 2006-2009. I guess that counts as "past decade". 1. There was no out of the box support of my particular NVidia video card, so I've had to build the driver from source and fiddle with my system to install it. 2. I've had userspace processes freeze on network activities and become impossible to kill, because of a kernel deadlock in my wireless driver. 3. Proper smooth fonts require…

As you said many things happened in the meantime and you should not stay on your 2009 impressions. Besides, Please mention the distribution you used, there is no "single Linux Experience", just like you don't compare Windows 8 and windows XP as being a single brand of "Windows". For your particular comments:

1. Not an issue anymore in most recent distributions, and Nvidia is now supporting even the latest graphics cards on Linux. 2.3. I can't comment on that. 4. On Ubuntu and many other distros they now work out of the box.

Re: Apple seeks to trademark “startup” in Australia

#49

Post by vacri »

hdra wrote: post #15
drylight wrote: post #7

Earlier quoted context omitted.

Please don't say Linux.

Say one thing OS X does objectively better than Linux. I honestly can't think of any.

Cater to naive users. I say this as someone who particularly dislikes Apple's way of doing things, but who still recommends OSX to naive users.

Something goes wrong with linux? Better hope there's a congenial neckbeard around, and if it's a hardware problem, good luck to you. In OSX? A larger online presence, and then of course you can always take it into a "genius" bar... and they replace the hardware gratis often enough.

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