
Instagram trademark application for “GRAM” - mmastrac
https://euipo.europa.eu/eSearch/#details/trademarks/015868797
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DannyBee
FWIW: Trademarks are restricted to classes.

Both the US and Europe have classification schemes.

The overall NICE class on this is 9:
[http://web2.wipo.int/classifications/nice/nicepub/en/fr/edit...](http://web2.wipo.int/classifications/nice/nicepub/en/fr/edition-20160101/taxonomy/class-9/?pagination=no&lang=en&mode=flat&explanatory_notes=show&basic_numbers=show)

If someone feels like signing up and downloading the application, it should
list any subclasses.

In the US, you can see instagram's "gram" related trademarks by searching for
"( (GRAM)[COMB])[ALL] and (instagram)[ALL]"

in TESS at [http://tmsearch.uspto.gov](http://tmsearch.uspto.gov) (i can't
deep link it because, you know, probably a 1970's mainframe system ported to
the web and all that).

If you click on each one, you'll see the good and services categories are
different (you can also look and see some are word marks and some are stylized
marks)

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sedachv
> i can't deep link it because, you know, probably a 1970's mainframe system
> ported to the web and all that

I think it has to do with the length of the query (longer ones go to POST).
For example searching for GRAM gives this linkable URL:
[http://tmsearch.uspto.gov/bin/showfield?f=toc&state=4809%3Aq...](http://tmsearch.uspto.gov/bin/showfield?f=toc&state=4809%3Aqvaa03.1.1&p_search=searchss&p_L=50&BackReference=&p_plural=yes&p_s_PARA1=&p_tagrepl%7E%3A=PARA1%24LD&expr=PARA1+AND+PARA2&p_s_PARA2=GRAM&p_tagrepl%7E%3A=PARA2%24COMB&p_op_ALL=AND&a_default=search&a_search=Submit+Query&a_search=Submit+Query)

~~~
DannyBee
Nope, it's not really linkable. If you try it, it will say "This search
session has expired. Please start a search session again by clicking on the
TRADEMARK icon, if you wish to continue."

They include the session tokens in the URL, instead of reperforming the search
as a new user or something.

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guitarbill
We probably shouldn't allow common words to be individually trademarked, let
alone SI units.

~~~
Turing_Machine
That horse left the barn when Microsoft trademarked "Windows". Likely before.

~~~
scintill76
In the US at least, I believe trademarks are scoped to a certain industry or
something like that. So Microsoft would only have claim to operating systems
named Windows, not the word itself in all contexts. Which might still be a bit
broad, but not as crazy as it may sound at first.

~~~
DannyBee
This is true _everywhere_.

In fact, this app is for "Downloadable computer software for modifying and
enabling transmission of images, audio-visual and video content; downloadable
computer software for viewing and interacting with a feed of images, audio-
visual and video content and associated text and data; computer software for
social networking. "

~~~
nitrogen
The third category is especially problematic, but all of these have common
words that end in -gram or -graph.

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Animats
The Moneygram people should file an objection. There are lots of US "Gram"
trademarks.

~~~
HarryHirsch
They should. The unlimited pockets of Travelers Express against the unlimited
pockets of Facebook. Everyone is a winner, especially the lawyers!

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mc32
Maybe Kodak should take the "Insta" back from instamatic.

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genbit
gram - is a metric system unit of mass, can they trademark it?

[https://en.wikipedia.org/wiki/Gram](https://en.wikipedia.org/wiki/Gram)

~~~
bendykstra
Tesla is a unit of magnetic field strength. Hertz is a unit of frequency.
Siemens is a measure of electric conductance. Try to find an SI unit that
isn't also a company or product.

Trademarks aren't about owning a word, only about having exclusive use of it
within a certain domain. If Instagram is successful, you will still be allowed
to use the SI unit to quantify mass. You won't be able to market a competing
product or service with the same name.

~~~
genbit
> a certain domain do you know if this domain is as broad as "app" or "photo
> app?"

Example If I make a product called GoldGram, that will display trend prices
for gold gram - it will be violating trademark?

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ademarre
Suppose Western Union brought back its telegram service together with a mobile
app for requesting telegraph transmissions. Would they not be allowed to use
the word _telegram_?

ADD: What about Telegram Messenger? Does Instagram have beef with them? (Aside
from disallowing Telegram links in user profiles.)

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hvidgaard
Gram is a stupid word to trademark. There is a lot of companies that is named
<something>gram including an appliance manufacturer in Denmark that has
existed from around the same time the telephone was invented. Not to mention
that it is an SI unit and commonly used word.

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labster
The -gram suffix has been used for various communication services for more
than a century. Sorry, but on this trademark I'm GRAM negative.

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samdung
We need to think of an alternative word for "PROGRAM".

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antoineMoPa
What are the consequences if this is accepted?

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evincarofautumn
Not a lawyer, but I’d guess that if a company releases a product in this
jurisdiction, with “gram” in the name, and it falls into one of these
categories:

“Downloadable computer software for modifying and enabling transmission of
images, audio-visual and video content; downloadable computer software for
viewing and interacting with a feed of images, audio-visual and video content
and associated text and data; computer software for social networking.”

Then that company can be sued by Instagram for trademark infringement. It
seems overly broad; I wonder how it would affect, say, Telegram.

~~~
hvidgaard
wrt. Telegram, wouldn't it be kinda like prior art?

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michaelmrose
Prior art isn't a trademark related word nor does it have meaning here.

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hvidgaard
Hence I said "kinda like". It's not a patent, so of cource prior art makes no
sense, but the equivalent for a trademark, whatever that is called.

~~~
takingflac
Trademarks have to be maintained so there is no "kind of like" however the
strength of the trademark is eroded a good bit for being a common word.

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desireco42
Isn't Telegram, which is base of Instagram name is original?

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SuperPaintMan
Instagrams TOS actively prohibits usage of "gram" in product names using their
API. To the point of revoking API credentials

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nickbauman
This is where postmodernism claims corporate policy transitions to religion.
There's no way to prove that trademarking that creates any kind of competitive
advantage yet the reality distortion field of the corporate ethos insists this
sort of shibboleth must stand as law.

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nathancahill
Grand Rapids Art Museum. Anyone?

