First, a quick overview of trademark law. The fundamental concern in trademark law is whether consumers are confused. If you see a food product at the supermarket named Kraft, you're likely to think it's from Kraft Foods. Trademark law is there to make sure Joe Mud doesn't sell dirt with the name Kraft on it, and trick consumers into buying it. A trademark registration is just an irrelevant formality; it mainly allows you to use the ® symbol.
Are there any conflicts that meet the consumer confusion standard? I don't think so. Most of the trademark registrations with the word Atom in them don't seem to be widely used; they certainly don't come up very high on Google. And I've never seen any Atom buttons on websites or weblogs.
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As pointed out above, that's for the trademark holder to decide not us.
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What are you talking about? It's our job to decide whether to use the name or not. Unless someone plans to sue us (which anyone can do with or without a trademark registration), their opinion is irrelevant. Are you going to ask everyone on the planet if they plan to sue us?
Discussion
Atom may not be available due to AtomTrademarkConflicts.
Atom has worse trademark problems than Echo. Echo was stopped by one open source project that hadn't even finished its legal work. Atom may be stopped by any of a dozen current US trademark holders.
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Will someone rescue Atom by clearing its use with the trademark holders?
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"Appears to be too late for that, voting has started"
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For one check the status: i.e. Skyoptix is non-final, possible initial refusal http://tarr.uspto.gov/servlet/tarr?regser=serial&entry=78156387 . It seems that current status wasn't checked. I would have no problem dropping the vetting of the other names and getting behind Atom, as it seems some of the major problems don't even have registered status and I think Atomz, Digitalatoms, Business Atom, Atom Television, etc. are a non-issue. We can always go back to choosing another name if we have too...but in the case of Atom, it looks as if we don't have as serious a problem as we thought. After reviewing each below, I am not a lawyer, but I don't see a problem with Atom. [CJR, RefactorOk]
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The main problem persists - one desist letter and we desist, from any of the trademark holders, even if we don't think they have a case. We aren't playing in the same league - no money for lawyers. Either Synoptics gets the trademark and they are protective, or they lost it because someone else is protective. Atom is too exposed unless we actually get trademark protection, before committing to the name.
There are a dozen different trademarks listed, why shouldn't there be another one?
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A bakery and a tire store can share a mark since there is little chance of confusion. Several of the Atom conflicts are very close: information sharing, content management. We'd be better off with Echo. PhilWolff
A syndication format is broadly applicable. Necho appears to overlap a large number of those other (non-overlapping) trademarks. The question is will any of those trademark holders object. Let's make it more graphic: Attorney Orville R. Cockings writes a polite desist letter saying our Atom harms his trademark Atom for "software for telecommunciation networks". Why would he do anything else?? That's his duty and requires the least thought and risk.
Do we say "See you in court." No, we do what Sam did with the other Echo. We say "Umm, okay." It takes merely one letter to make a credible threat. Mr. Cockings holds the high ground; he already has his license from the government. We might say not-Echo isn't "software for telecommunciation networks" but he's entitled to make the case that it is. Therefore we would be wise to ask him first. Or just use a clearly available name.
Is any alternative, otherwise acceptable name going to have less conflict?
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That's why new corporate and product names are made-up words: famously "Exxon", also "Accenture", "Escalade", "Dasani". And that's why Necho is a good choice.
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Necho has possible trademark problems too, doesn't it? Do we really want to head down a road where it could be a problem mid-stream and have to change the name again after the beginnings of adoption? Perhaps we could get one of the lawyer bloggers to clarify what could give us problems? Would Necho's trademark of computer software & services for commerce in the travel sector cause problems for the format if challenged in general, for that sector, or at all? [CJR, RefactorOk]
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Yes, oops, necho (neko) means "cat" in Japanese.
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Originally, a mark was only issued once within a class. With today's broad classes a mark may be issued multiple times in a jumble historical subclasses. If Necho is taken in Class 42 subclass:travel (hypothetically), it still may be available in other Class 42 subclasses or in Class 38. But because not-Echo is broadly applicable this could cause problems for a travel service weblog, for example . Not-Echo might need many classes.
There are two very broad international trademark classes that may apply to not-Echo: (quoted from uspto.gov)
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CLASS 38 (Telecommunications) includes mainly services allowing at least one person to communicate with another by a sensory means.
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CLASS 42 (Computer, scientific & legal) includes mainly services provided by persons, individually or collectively, in relation to the theoretical and practical aspects of complex fields of activities; such services are provided by members of professions such as chemists, physicists, engineers, computer specialists, lawyers, etc.
Other classes may also be needed:
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Class 09 - "apparatus and instruments ... data processing equipment and computers..."
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applications, such as games, etc. I would think class 9 would fit much better then a service category, i.e. 38, 42 (009 4/12/99
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Computer software [specify the function of the programs, e.g., for use in database management, for use as a spreadsheet, for word processing, etc. and, if software is content- or field-specific, the field of use])
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Yes, this is like the original idea of software patents - a software-based function embedded in hardware. Also, the distinction between "good" and "service" seems inoperative. New marks are all "G & S".
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Class 35 - management, office functions
There are Atom-related trademarks issued in all the classes above. The general mark may be available in Class 38, but it may conflict with more specific marks like "Atomwire". Just because we choose one category doesn't mean that mark holders in other categories won't object. Decisions about issuing similar marks are at the discretion of the PTO and after a period for objections by current mark holders.
[PhilWolff] Can our organization, protocols, and brands be confused for Brand X? Is what we do similar enough to be considered in Brand X's neighborhood?
For the movie studio, probably no confusion. For the web site hosting, search, content management business: some.
[Anonymous] First, a quick overview of trademark law. The fundamental concern in trademark law is whether consumers are confused. If you see a food product at the supermarket named Kraft, you're likely to think it's from Kraft Foods. Trademark law is there to make sure Joe Mud doesn't sell dirt with the name Kraft on it, and trick consumers into buying it. A trademark registration is really irrelevant; it mainly allows you to use the ® symbol and sue in Federal (as opposed to local) court.
Are there any conflicts that meet the consumer confusion standard? I don't think so. Most of the trademark registrations with the word Atom in them don't seem to be widely used; they certainly don't come up very high on Google. And I've never seen any Atom buttons on websites or weblogs.
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As pointed out above, that's for the trademark holder to decide not us.
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What are you talking about? It's our job to decide whether to use the name or not. Unless someone plans to sue us (which anyone can do with or without a trademark registration), their opinion is irrelevant. Are you going to ask everyone on the planet if they plan to sue us?
Companies with similar names
Also see issued trademarks below
Atomz Named to AlwaysOn List of Top 100 Private Companies
Award Recognizes Atomz as One of the Most Innovative Private Technology Companies in the World
http://www.atomz.com/news/top_press/2003-06-23.htm
Atomz Publish is a powerful Web content management system providing customers with unmatched ease-of-use and a low, predictable TCO. Currently used by a wide variety of enterprises and organizations, Atomz Publish enables distributed Web developers, designers and content editors to collaboratively produce and manage content and leverage that content to achieve strategic business objectives.
Atomz Corporation 1111 Bayhill Drive, Suite 285 San Bruno, CA 94066 USA Tel: (650) 244-1400 Fax: (650) 244-1401 Email: info@atomz.com
US Trademarks from uspto.gov
Here's a list of US trademark holders who might consider themselves harmed if Atom becomes a widespread syndication format. Sam, do you have the resources to clear Atom with them so we don't have an Echo echo?
ATOMS TO BITS
Computer services, searchable directory for obtaining data on a global computer network. Providing multiple-user access to a global computer information network for the transfer and dissemination of a wide range of information. Hosting of digital content on the Internet namely creating sites and other resources available on computer networks.
78267172
Atoms To Bits L.L.C, 2570 East 24th Street, Floor 2 Brooklyn NEW YORK 11235
Newly Filed Class 042 http://tarr.uspto.gov/servlet/tarr?regser=serial&entry=78267172
Not a registered trademark yet.
ATOM
SOFTWARE FOR TELECOMMUNICATION NETWORKS CONSULTING SERVICES FOR TELECOMMUNICATION NETWORKS
78156387
Skyoptix, Inc. 125 Half Mile Road Red Bank NEW JERSEY 07701
Attorney of Record Orville R. Cockings
Non-Final, possible initial refusal Class 042, 009 http://tarr.uspto.gov/servlet/tarr?regser=serial&entry=78156387
Not a registered trademark yet.
ATOMWIRE
Communications software for connecting global users across the internet in a peer to peer environment
78142878
Cain, Ashley 2020 wood cove drv. suite 200 cumming GEORGIA 30041
Current Status: Opposition period completed, a Notice of Allowance has been issued. Class 09 http://tarr.uspto.gov/servlet/tarr?regser=serial&entry=78142878
Not a registered trademark yet.
SEED ATOM
Computer software and associated hardware, namely, computer interfaces for user navigation of structured hierarchies
78051497
Lucente, Samuel A. 108 Primrose Way Palo Alto CALIFORNIA 94303
Ridgley, Brad 6626 Boulevard View Alexandria VIRGINIA 22307
Attorney of Record Clyde R Christofferson
Application Suspended Class 009 http://tarr.uspto.gov/servlet/tarr?regser=serial&entry=78051497 Not registered yet.
ATOM TELEVISION
Broadcasting services via television, cable, internet and wireless communications
76410532
Atom Shockwave Corp. 600 Townsend Street Suite 125W San Francisco CALIFORNIA 94103
Attorney of Record Rosemary S. Tarlton
Application has been published for opposition Class 038 http://tarr.uspto.gov/servlet/tarr?regser=serial&entry=76410532 Not registered yet.
ATOMSHOCKWAVE
Dissemination of advertising for others via on-line electronic communications network; providing and arranging for sponsorship of on-line entertainment websites by others; computerized on-line retail and subscription services featuring video games, audio, films, videos, music, toys, and prerecorded music.
Electronic transmission of entertainment content, namely computer and video games, music, animated content and films, via an on-line communications network, mobile devices and television, for businesses and consumers.
Entertainment services namely operating websites containing on-line entertainment, namely computer and video games, music, animated content and films; syndication of entertainment content, namely computer and video games, music, animated content and films.
76410680
Atom Shockwave Corp. CORPORATION DELAWARE 114 Sansome Street, 10th floor San Francisco CALIFORNIA 94104
Attorney of Record Rosemary S. Tarlton
Non-final, possible initial refusal Class 035, 038, 041 http://tarr.uspto.gov/servlet/tarr?regser=serial&entry=76410680 Not registered yet.
BUSINESS ATOM
Computer software, namely software designed to automate data collection, manufacturing, traceability, production validation, and demand synchronization with a manufacturing process
76507834
VIA Information Tools, Inc. 1600 Parkdale Rd., Suite 100 Rochester MICHIGAN 48307
Attorney of Record DAVID L WISZ
Newly Filed Class 09 http://tarr.uspto.gov/servlet/tarr?regser=serial&entry=76507834 Not registered yet.
DIGITALATOMS
Computer software for use in the field of business management consulting for management of professional services.
Business management consultation services.
76176324
Digital Atoms, Inc. 1940 East Sixth Street Suite 800 Cleveland OHIO 44114
Attorney of Record John S Cipolla
Registered. Class 009, 035 http://tarr.uspto.gov/servlet/tarr?regser=serial&entry=76176324
ATOM
pre-recorded videos, films, graphics, and multimedia presentations in the fields of entertainment, art, comedy, drama, animation, and current events and historical documentaries, all in digital form and distributed on computer discs, DVD discs, CD-ROMs, videotape and downloadable from computer networks and global communication networks.
75612317
Atom Corporation 80 South Washington, Suite 303 Seattle WASHINGTON 98104
Attorney of Record Rosemary S. Tarlton
Registered. Class 009 http://tarr.uspto.gov/servlet/tarr?regser=serial&entry=75612317
ATOM INSIDER
Entertainment services, namely, providing news and information to movie industry enthusiasts concerning motion picture films, documentaries, videos, graphics, animations, multimedia presentations, actors, directors, and other information about the entertainment and film industry through computer networks and global communication networks.
75891919
ATOM CORPORATION 815 Western Avenue, Suite 300 Seattle WASHINGTON 98104
Attorney of Record Jessica V. Newman
Registered. Class 041 http://tarr.uspto.gov/servlet/tarr?regser=serial&entry=75891919
ATOM
disseminating scientific information via global computer networks.
75228097
Plain Dealer New Media Corporation 1111 Superior Avenue Cleveland OHIO 44114
Attorney of Record ERIC E GISOLFI
Registered. Class 042 http://tarr.uspto.gov/servlet/tarr?regser=serial&entry=75228097