

Apple attempts to trademark the word 'startup' - rukshn
http://zd.net/19YnKMR

======
itafroma
This was just posted a couple of hours ago[1]. Some things to note that were
brought up there:

\- Apple already filed for this trademark in 2011 in the US and China.[2] They
were granted a preliminary trademark pending a routine examination period
where people can object to the trademark. The objection window began in
2012[3] and objections were filed. In March of this year, the USPTO mailed a
"non final action" to Apple, starting a 6 month window in which Apple gets to
respond to the objections. That window apparently closes next month.[4]

\- The trademark filed in Australia is under the same international
registration as the ones in the US and China filed in 2011: 1081614. The
international registration is important to this particular case because it's
Apple exercising its rights under the Madrid System[5][6], which allows
companies to secure their trademarks in any Madrid Union member state by
filing a simple application. Australia, China, and the US are all Madrid Union
member states.[7]

\- It's specifically for "Retail store services featuring computers, computer
software, computer peripherals, mobile phones, and consumer electronic
devices, and demonstration of products relating thereto", indicating Apple
intends to launch some sort of retail service called "Apple Startup" or
similar.

\- With a few exceptions[8], trademarks are restricted to the areas covered in
the application. Assuming Apple is granted the trademark, it does not mean
that they now own the word "Startup".

[1]:
[https://news.ycombinator.com/item?id=6288217](https://news.ycombinator.com/item?id=6288217)

[2]: [http://www.patentlyapple.com/patently-apple/2011/04/apple-
fi...](http://www.patentlyapple.com/patently-apple/2011/04/apple-files-for-
mission-control-and-all-new-startup-trademarks.html)

[3]:
[http://trademarks.justia.com/852/96/startup-85296886.html](http://trademarks.justia.com/852/96/startup-85296886.html)

[4]:
[http://www.trademarkia.com/startup-85296886.html](http://www.trademarkia.com/startup-85296886.html)

[5]:
[http://en.wikipedia.org/wiki/Madrid_system](http://en.wikipedia.org/wiki/Madrid_system)

[6]: [http://www.wipo.int/madrid/en/](http://www.wipo.int/madrid/en/)

[7]:
[http://www.wipo.int/export/sites/www/treaties/en/documents/p...](http://www.wipo.int/export/sites/www/treaties/en/documents/pdf/madrid_marks.pdf)

[8]:
[https://news.ycombinator.com/item?id=6288395](https://news.ycombinator.com/item?id=6288395)

~~~
Casseres
> Assuming Apple is granted the trademark, it does not mean that they now own
> the word "Startup".

They already pretend they own the word "apple" and any logos of apples, even
when they are not used by tech-related companies. I wouldn't put it past them
to continue being a bully as they accumulate more words and symbols that they
think they "own".

~~~
a3n
They have fought food stores for use of an apple.
[https://www.techdirt.com/articles/20111022/01124516464/apple...](https://www.techdirt.com/articles/20111022/01124516464/apple-
continues-to-insist-only-it-can-use-apple-logo-threatens-small-german-
cafe.shtml)

------
cLeEOGPw
Well, haven't they trademarked the word "Apple", which actually is just a name
of the fruit? 20 years from now kids will think the fruit was named after the
iPhone logo.

~~~
Steko
What is the world coming to when a company can trademark an everyday word.
Next thing you know someone will trademark blackberry, palm, yahoo, android,
oracle or amazon. Quick, to the outragemobile!

~~~
cLeEOGPw
I prefer sarcasmobile.

------
peterclary
It appears that they want to trademark the term "startup" for some kind of
service to help new Mac owners get started with their Mac, etc. Possibly a
rebranding of their "one-to-one" service.

------
mcv
I think I'm going to trademark "software".

~~~
ozh
Don't forget Code ®, Application © and Program ™

------
rubinelli
It would be ironic if the company that used to be the iconic "two guys in a
garage" success story cheapened the word startup.

"I started working at a startup last week. _Before you ask,_ no, I don't sell
iPads."

------
sthommes
Hello, Mr. Cook, yes, yes, your EA here. No, no, you heard me right, God, Sir
Isaac Newton and John Lennon are on the line.

No, no. I don't know who reports to who. Do you want me to guess?

What's it about? uh, let me ask.

Ok. they say they've trademarked 'Apple' and want to talk about a license

Oh, ok. Can you ask them if Steve can also join the call?

------
walid
I hardly see a reason for panic. Apple having the trademark for the word
"Apple" doesn't stop any apple seller from slapping the word "Apple" on every
box of apples. As long as a word is used for descriptive purposes it is not
violating trademarks.

No startup will ever use the word "startup" in its trademark.

~~~
uptown
'No startup will ever use the word "startup" in its trademark.'

Says who?

~~~
Samuel_Michon
Unless you’re a company catering to startups, the association is a temporary
one. You either become a grown up company (in which having ‘startup’ in your
name is silly), you get bought out (in which the name disappears), or you go
bust. There is no such thing as a permanent startup.

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darxius
Are there laws that prevent legal entities from trademarking commonly-used
words? I mean, if you invent some word for your product, you have the right to
copy it. But "startup"? What would stop people from trademarking "the" and
"computer"? I may be missing the point or interpreting the law incorrectly
though - please correct me.

~~~
RougeFemme
Anyone is free to _apply_ for a trademark for "the" or "computer". The
applications would be promptly denied - well, promptly for a government
bureaucracy.

------
dbm
Perhaps Apple are launching a new technology/device/API called "Startup" on
Sept 10? ;-)

This could be a defensive filing in preparation for one more thing...

~~~
VLM
The new Apple iStartup, just like every other online photo sharing startup,
but now shiny, thin, and twice as expensive as Instagram or Groupon.

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jbrooksuk
Can they even do this?

~~~
lutusp
That depends on who reads the application. The history of patents, copyrights
and trademarks demonstrates that the outcome is more a matter of circumstances
than logic.

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vikas0380
is it possible to trademark such type of words?

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jlebrech
startups are FUCKED

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AbhishekBiswal
This is pathetic. Not going to happen, never, ever.

~~~
Volpe
It's pretty specific to support services... I don't see how this is even
contentious.

Who uses the term "startup" anyway? (in a business context)

~~~
reustle
StartupBus? Startup Weekend? Startup Riot?

------
NicoJuicy
Serious... :s

Are they even sane?

~~~
taproot
"yolo"

