Apple seeks to trademark “startup” in Australia

http://www.startupsmart.com.au/leadership/legal-matters/apple-seeks-to-trademark-startup-in-australia/2013082810576.html

by shandsaker • 13 years ago

62 69 13 years ago

startupsmart.com.au

ateeqs2• 13 years ago

Apple can go suck a lemon.

levosmetalo• 13 years ago

Do we really need that kind of comments here on HN?

AgLiAn• 13 years ago

YES! We need!

ateeqs2• 13 years ago

http://www.youtube.com/watch?v=Ir5Xl_mLbkM

nsmartt2• 13 years ago

I'm told that no one cares whether Apple is shady because they build quality products, but I really want to see a shift away from Apple products in protest of said shadiness.

edit: clarity

drylight• 13 years ago

Please don't say Linux.

dylangs10302• 13 years ago

Linux has come a long way.

rozap• 13 years ago

Spoken like someone who hasn't used Linux in the past decade.

josteink2• 13 years ago

Linux is actually not half bad nowadays. It's not 2001 anymore.

I've migrated my main laptop from Windows 8 to Elementary OS and the only complaint from my very non-technical SO is that things "are different" (i.e. the close button is in upper left corner of the window).

Apart from that, everything just works. In fact it all worked out of the box, with the noticable exception of Skype.

Linux is turning into a pretty viable option. Really.

hdra• 13 years ago

Say one thing OS X does objectively better than Linux. I honestly can't think of any.

rimantas6• 13 years ago

As if there is anything not shady. Just definition of shady vary among the people.

adamnemecek4• 13 years ago

What does this comment even mean? Questioning semantics to undermine the parent comment's argument? Quaint strategy.

bananamansion• 13 years ago

we'll just start calling it "startdown" we're in australia afterall.

personlurking• 13 years ago

I was thinking "startupside-down".

This news is right up there with the big tech companies trying to grab .book, .search, etc

ohwp• 13 years ago

At first I thought it was a joke. Then I read the article...

This is one of the reasons why I never buy something from Apple. I think they are bad for our creativity.

pavanred• 13 years ago

If only they spent all that time and money they spend on lawyers on R&D and developing new products instead...

rimantas6• 13 years ago

What would happen then? MS spends lots more money on R&D, does it matter?

awestroke• 13 years ago

Apples and oranges

m4x• 13 years ago

The article doesn't really comment on why Apple would actually want to trademark the word 'startup'. As far as I know it isn't used as part of their marketing anywhere. Can anybody here offer some insight?

pavlov• 13 years ago

The trademark application shown in the article offers a hint. The categories listed include "retail store services", "maintenance, installation and repair of computer hardware", "technical support services".

It sounds like Startup will be a service offered in Apple retail stores, similar to the Genius Bar.

skeletonjelly• 13 years ago

Australia doesn't seem to be the typical testing ground though for Apple. Why now?

itafroma2• 13 years ago

It's not clear yet what the trademark is for, but you generally don't need a product or service on the market for a trademark application to go through, just an intent to use it. TUAW speculates that the trademark is for some as-yet-unannounced retail program: http://www.tuaw.com/2011/04/24/apple-files-trademark-for-sta...

namenotrequired• 13 years ago

I was in the Apple store in Amsterdam earlier this summer and saw a large sign saying "STARTUP" on one wall. At first I was confused, thinking of startup companies, but then I realised it seemed more like a place where they help people get started with their new devices.

jacques_chester4• 13 years ago

Trademarks are not global variables. They are scoped.

In trademark law these are called "classes".

If I have a trademark for McDonalds that covers navigation equipment, then the hamburger company can't sue me using their trademark which covers hamburgers. The coverage is scoped.

Now!

Observe the list of classes -- 37, 38, 41 and 42.

Apple is essentially registering "startup" to cover devices, their maintenance, development and training.

Not all uses of "startup" ever. Just those uses attached to what Apple produces.

grabeh3• 13 years ago

The owner of a mark with a sufficient reputation can take action against dissimilar goods and services where they're riding on the goodwill of the mark of course so TMs are not completely limited to their classes.

Rolex could sue me if used their marks on a good which they weren't registered in if I was trying to take unfair advantage of their mark, tractors for example.

Whilst it's highly unlikely in this case that Apple would, I think it's inappropriate to seek protection of the term in the first place, at least from a PR perspective and from the risk of trade mark creep.

jacques_chester4• 13 years ago

Granted, but I don't think "startup" is a sufficiently distinct brand to be taken advantage of.

But thankyou for the correction.

wisty• 13 years ago

In Australia, McDonalds lost a case when they tried to stop McWilliams selling a "Big Mac" 2 litre bottle of wine, because no-one would mistake it for a hamburger. (http://www.internationallawoffice.com/newsletters/detail.asp...)

rooshdi• 13 years ago

That's still ludicrous. Apple is trying to control a word any technology company would use.

jacques_chester4• 13 years ago

Within a narrow band of applicability. itafroma speculates that it's likely to be a retail package.

For example, suppose that Apple cuts out telcos and sells plans directly. What might those plans be called? It's easy to imagine the base plan being called "startup".

Or maybe it's a new technology or feature they plan to introduce. "Apple Startup, your gateway to the geohypersocialcloudappmotrons!". And so on.

If you're agin it, hire a trademark lawyer and lodge an objection. I've had good experiences with my lawyers: Golja, Haines and Friend in West Perth.

rimantas6• 13 years ago

Facebook and "face". T-Mobile and magenta. I am sure there are more "interesting" examples.

itafroma2• 13 years ago

I think it's important to stress that trademarks are not copyrights or patents: assuming Apple's trademark application goes through, the protection on the mark is good only for the goods and services they specified in the application (edit: with a caveat mentioned by grabeh elsewhere[1]):

Retail store services featuring computers, computer software, computer peripherals, mobile phones, and consumer electronic devices, and demonstration of products relating thereto

Based on that, this looks to be a new retail service they plan on offering called "Startup".

Edit:

Also note that in 2011, Apple already applied for the Startup trademark in the US and China with the same international registration number: http://www.patentlyapple.com/patently-apple/2011/04/apple-fi...

As far as I can tell from the action on the trademark application[2], it was granted a preliminary trademark (which is standard practice) and was opened up to objections: at least one was raised, and the USPTO has now passed it to Apple to respond. It looks like they have until September 20th to do so[3].

[1] https://news.ycombinator.com/item?id=6288395

[2] http://www.trademarkia.com/startup-85296886.html

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

chmike• 13 years ago

I thought it was not allowed to trade mark common words like car, plane, etc. And startup seams a common word, well in our community.

Sagat• 13 years ago

In other news, Google trademarks the color blue. Smurf village foreclosed.

b1daly• 13 years ago

It's hard to believe that Apple could get this through in the US given the amount of live marks with the word STARTUP. Over 50 results!

I have been working on a trademark application that was rejected preliminary basis on the grounds of "likelihood of confusion." (My mark is HOTKEY MATRIX for a hardware controller of audio software, the existing mark is HOT KEYS for "Computer Software program for playback of digital audio by touching computer screen.)

I was a little shocked when I delved into the various rulings how byzantine and nuanced the judgements are. Since the core issue is the potential for likeliness of confusion on the part of a consumer, each case is supposed to be judged on its own.

If your into this kind of thing here's the discussion on the US "Trademark Manual of Examining Procedure."

http://tmep.uspto.gov/RDMS/detail/manual/TMEP/Apr2013/d1e2.x...

I wonder if there is some strategy by which getting registration in other countries helps with getting US registration.

Apple seeks to trademark “startup” in Australia

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