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AtomTrademarkConflicts


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.

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.

There are a dozen different trademarks listed, why shouldn't there be another one?

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?

There are two very broad international trademark classes that may apply to not-Echo: (quoted from uspto.gov)

Other classes may also be needed:

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.

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.

http://www.atomz.com/publish/

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