
Tongan Shell Game: How Apple and Google File Trademarks in Secret - nehalm
http://blog.altlegal.com/section-44-uspto-filings
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geofft
Surely Apple and Google are primarily worried about revealing their plans to
each other and similar companies, not to nascent startups, right?

And surely they can employ people in Tonga and Jamaica to inquire in person
about trademark applications, right?

I feel like I must be missing something obvious here.

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nehalm
It's in part a strategy to hide their plans from each other, but it's also to
be able to announce their products to the public on their terms and control
the timing and pace of the reveal.

You may be able to request trademark application records in those
jurisdictions, but I imagine it's more of a process. You would also likely
need to know the mark itself or the company filing the mark. In the case of
Apple, if they file applications under a shell entity and without knowing the
product name, it would be difficult to find the application. Also, given the
high number of countries without electronic IP records, there are still plenty
of opportunities to hide filings.

That being said, it's likely a loophole that will become increasingly narrow
over time as more IP offices go online.

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geofft
Oh, "but journalists" is probably the obvious thing I was missing, thanks. :)

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blazespin
This is just for the public. Big companies rely on the 'reveal' to generate
viral news that feeds off the surprise factor.

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jasonoliveira
I'm about to register 3 trademarks. After reading this, I'm about to create my
first shell corporation. Wish me luck. :)

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drmarkrbaker
More interestingly - is this a useful strategy for start-ups to use and does
it spread over other IP protection?

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jerf
Copyright already de facto works that way; you get copyright the moment it is
fixed in the relevant medium, there is no publication or public release
requirement. Patents have their own complicated things, but part of the
definition of a patent is that it is for public release, so "secret patent" is
theoretically a contradiction. (As my phrasing suggests I have little long-
term confidence in our systems maintaining that truth, but I believe it is
true right now.)

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hkmurakami
> "secret patent" is theoretically a contradiction

There are "submarine patent" strategies though, which seek to postpone
revelation of a patent for as long as possible.

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monochromatic
Less of a problem these days though, since patent term is now measured from
priority date (whereas it used to be measured from issue date).

