or Connect
AppleInsider › Forums › General › General Discussion › Apple attempting to trademark the term 'startup' for retail services
New Posts  All Forums:Forum Nav:

Apple attempting to trademark the term 'startup' for retail services

post #1 of 37
Thread Starter 
Apple has filed an application in Australia to trademark the term "startup" when it relates to retail store services, computer maintenance, and a few other situations, and the move could have international implications.



Apple's Cupertino headquarters filed the application in Australia on Tuesday alongside the Sydney branch of law firm Baker & Mckenzie, according to TM Watch. The filing covers four classes of goods and services:

  • Class 35: Retail store services, including retail store services featuring computers, computer software, computer peripherals, mobile phones, and consumer electronic devices, and demonstration of products relating thereto
  • Class 37: Maintenance, installation and repair of computer hardware, computer peripherals and consumer electronic devices; consulting services in the field of maintenance of computer hardware, computer peripherals, and consumer electronic devices
  • Class 41: Educational services, including conducting classes, workshops, conferences and seminars in the field of computers, computer software, computer peripherals, mobile phones, and consumer electronic devices and computer-related services; providing information in the field of education
  • Class 42: Design and development of computer hardware and software; technical support services, namely, troubleshooting of computer hardware and software problems; installation, maintenance and updating of computer software; technological consultancy services in the field of computers, computer software and consumer electronics; computer diagnostic services; computer data recovery

As shown in the areas covered, Apple's filing would not constitute a blanket trademark over the term "startup." Startup businesses would still be able to use the term. Only in the areas described in Apple's filings would the iPhone maker be able to assert trademark, and those likely within a limited scope.

Observers note that Apple has previously filed for similar trademarks in the United States and in Australia. The initial Australian filing was never accepted, but in 2011, Apple received a preliminary trademark pending a consultation period. Numerous U.S. parties filed objections, though, and Apple has until September 20 to respond to those objections.

Wired added that having the trademark granted in Australia could have implications across much of the world. Australia is a signee of the Madrid system, which is administered by the World Intellectual Property Organization. Under that system, trademarks assigned within one signee country are applicable across all other signee countries.
post #2 of 37
Trolls are coming
post #3 of 37

Not possible!  

post #4 of 37
Quote:
Originally Posted by dnd0ps View Post

Trolls are coming

Don't you just know it!

 

I met a troll for the first time the other day in real life. He was everything I expected a troll to be like. A sad, pathetic, benefit scrounging man, with no real world life.

post #5 of 37
Why not just trademark the whole English language then? Pathetic
post #6 of 37
Quote:
Originally Posted by dnd0ps View Post

Trolls are coming

This deserves to be trolled.

post #7 of 37
Unnecessary apple.
post #8 of 37
Not sure why this is news as Apple already has a trademark for this in the US. http://t.co/2xcumpbHZD
post #9 of 37
Good job maneuvering themselves into a position where they, as a company, soon needs to be killed for mankind's best.
post #10 of 37

This is really embarrassing, and I hope this trademark application fails (which already happened in the past).

post #11 of 37
Quote:
Originally Posted by Rogifan View Post

Not sure why this is news as Apple already has a trademark for this in the US. http://t.co/2xcumpbHZD

I could be reading wrong but doesn't the AI article mention the US trademark isn't permanently approved yet. [/B]The comment period runs thru Sept. 20th and a final decision on the trademark application will be sometime after that.

Link to the original US filing in 2011 here:
http://www.trademarkia.com/startup-85296886.html

Yup, comments on the US application invited thru Sept 20th of this year. Definitely not final.
Edited by Gatorguy - 8/28/13 at 8:29am
melior diabolus quem scies
Reply
melior diabolus quem scies
Reply
post #12 of 37
Quote:
Originally Posted by Gatorguy View Post

I could be reading wrong but doesn't the article mentions the US trademark isn't permanently approved yet. [/B]The comment period runs thru Sept. 20th and a final decision on the trademark application will be sometime after that.
I believe the link I posted was from 2011. Maybe it hasn't been approved yet. Not sure why its newsworthy today though.
post #13 of 37

Didn't Microsoft patent Powering Down? Or was it Reboot?

 
Where's the new Apple TV?
Reply
 
Where's the new Apple TV?
Reply
post #14 of 37
Quote:
Originally Posted by pazuzu View Post

Didn't Microsoft patent Powering Down? Or was it Reboot?

it was BSOD (TM) trademarked

post #15 of 37

really??? really?? really?

post #16 of 37
Quote:
Originally Posted by pazuzu View Post

Didn't Microsoft patent Powering Down? Or was it Reboot?

Trademarks != patents.

post #17 of 37
Quote:
Originally Posted by pazuzu View Post

Didn't Microsoft patent Powering Down? Or was it Reboot?

Lockup
"Few things are harder to put up with than the annoyance of a good example" Mark Twain
"Just because something is deemed the law doesn't make it just" - SolipsismX
Reply
"Few things are harder to put up with than the annoyance of a good example" Mark Twain
"Just because something is deemed the law doesn't make it just" - SolipsismX
Reply
post #18 of 37
Quote:
Originally Posted by MikeJones View Post

Trademarks != patents.

yes, and MS did trademark Windows, so no idea why Apple (right or wrong) should not TM Startup

post #19 of 37
Quote:
Originally Posted by MatsSvensson View Post

I guess we have to create a brand new word to use instead of "startup" then.
I vote for: "applecunt".

And I guess you didn't read the article.
"Few things are harder to put up with than the annoyance of a good example" Mark Twain
"Just because something is deemed the law doesn't make it just" - SolipsismX
Reply
"Few things are harder to put up with than the annoyance of a good example" Mark Twain
"Just because something is deemed the law doesn't make it just" - SolipsismX
Reply
post #20 of 37
Add this to the "Ridiculist".
--------------------------
"Why join the navy if you can be a pirate?"
-Steve Jobs
Reply
--------------------------
"Why join the navy if you can be a pirate?"
-Steve Jobs
Reply
post #21 of 37
I don't get it. Why not instead trade mark some combo term not in general use such as StormStart, iStart, UpStart, whatever. Apple is begging for trouble, but then maybe there is some method in its madness and doing this in Australia gets coverage, will not be allowed, and Apple jumps in with a more viable TM mark from its secret cupboard.

Addendum. "SpankU" is my gift to Apple. 1wink.gif

When I find time to rewrite the laws of Physics, there'll Finally be some changes made round here!

I am not crazy! Three out of five court appointed psychiatrists said so.

Reply

When I find time to rewrite the laws of Physics, there'll Finally be some changes made round here!

I am not crazy! Three out of five court appointed psychiatrists said so.

Reply
post #22 of 37
In other news, The Rolling Stones slapped a lawsuit against Apple requesting an injunction for the trademark 'startup' as the group said it sounds too similar to their song, "Start Me Up"!

Ten years ago, we had Steve Jobs, Bob Hope and Johnny Cash.  Today we have no Jobs, no Hope and no Cash.

Reply

Ten years ago, we had Steve Jobs, Bob Hope and Johnny Cash.  Today we have no Jobs, no Hope and no Cash.

Reply
post #23 of 37
Quote:
Originally Posted by MatsSvensson View Post

Good job maneuvering themselves into a position where they, as a company, soon needs to be killed for mankind's best.

"for the good of mankind" would be the English phrase you're looking for.

I'll use you as an example of how not to think of this so narrowly that you miss the point, like others here.

Apple is setting up, for the first time in retail and consumer tech history, a coherent group of services that are designed to get new customers up and running, and old customers repaired and running again.

They want to call this multifaceted group of services by a single name, reflecting a single concept: "Startup."

That doesn't keep anyone from using the term "startup" in ordinary discourse, when referring to new businesses, for example, any more than the phrase "get real" would be off limits if, say, Coca-Cola trademarked it.

It would keep Samsung from using the term to refer to customer sevices (fat chance!) inside their stores, if they ever opened any. Or Amazon.

There is nothing new or insidious about any of this. Y'all just hate it when Apple does new stuff that looks corporate, when in reality they're doing something so beyond corporate and so consumer-focused that you can't even see it, you're so full of reflexive negativity.
post #24 of 37
Curious if something like this would be a trademark violation? I really don't know.
http://www.pctools.com/startup-explorer/
or even this:
http://www.wikihow.com/Change-Startup-Programs-on-Your-Computer
melior diabolus quem scies
Reply
melior diabolus quem scies
Reply
post #25 of 37

Remember folks, Apple is always evil, and you don't need to use your brain when a knee-jerk will do!

 

Quote:
Originally Posted by bleh1234 View Post

Why not just trademark the whole English language then? Pathetic

 

Remember when Apple tradmarked "AirPort" for WiFi products and the sky didn't fall? We can even still build airports! That's similar to how the sky won't fall due to some product/feature called StartUp. lol.gif

 

Remember how we all can still buy apple pies, apple cider, and even apples, even though Apple trademarked "Apple"? People can still talk about burying time capsules even though "Time Capsule" (and "Time Machine") are trademarked for backups; and millions of products are still sold in the color aqua even though Apple trademarked "Aqua" for its UI design.

 

How about "Boot Camp," "Carbon," and the fonts "Charcoal," "Chicago," "Geneva", "Monaco," "New York," "Textile" and "Sand"? I'm no lawyer, but it almost starts to seem as though these Apple trademarks aren't about trademarking language in general--they're about trademarking specific USES of the words as product/feature names.

 

How have we survived "Bonjour," "Cocoa," "Exposé," "FaceTime," "Final Cut," "FlyOver," the venerable "Finder," and "GarageBand"? Home musicians are still able to call themselves by that long-known term, even if competing software companies can't steal the name for their music apps. Continue down the alphabet: "Inkwell," "Instruments", "KeyChain," "Keynote," "Pages," "Numbers," "Lightning," "Logic," "Launchpad," "Mission Control," "PassBook," "Photo Booth," "Quartz," "Retina," "Safari," "Sherlock," "SoundTrack," "Spaces," "Spotlight," and "Tubes."

 

And what about the airline "Southwest," the music company "Pandora," the drink "50/50", the restaurant "Rally's," and, say, "Amazon"? Don't get me started on the VW "Rabbit." Someone pointed out "Windows," but I give Microsoft a free pass since they invented UI windows as we know them. (Wait, actually that was Apple... Xerox PARC's UIs had content in rectangles, but they couldn't overlap or be dragged.) Seems Apple's not the only evil tyrant out to steal the very words from our mouths....

 

And I was curious... would Google ever trademark an existing word?

 

Answer, no. Other than Chrome, Android, Blogger, Ad Words, Boomerang, Closure, Dart, Daydream, DoubleClick, Freebase, Glass, Go, Hangouts, I'm Feeling Lucky, Internet Revolution, Motif, Nexus, Schemer, SingleTap, Street View and Widfire. All trademarked, along with a zillion more like Google Reader that they apparently couldn't get without "Google" on the front. Doesn't mean they didn't try! I wonder if they're working on trademarking "Play"? Better be an outcry if they attempt that!


Edited by nagromme - 8/28/13 at 10:52am
post #26 of 37

This is a new low for Apple! Good job making more people hate you Apple!

post #27 of 37
Originally Posted by NelsonX View Post
This is a new low for Apple! Good job making more people hate you Apple!

 

Come off it.

Originally Posted by Marvin

The only thing more insecure than Android’s OS is its userbase.
Reply

Originally Posted by Marvin

The only thing more insecure than Android’s OS is its userbase.
Reply
post #28 of 37

Great posting !

 

Thanks Nagromme for a thoughtful commentary !

post #29 of 37
In spite of Nagromme's commentary, this seems like a rather silly trademark. It will have to be so narrow that it won't be particularly useful.

I'm guessing that it's more of a defensive application - to keep someone else from blocking their use of the term.
"I'm way over my head when it comes to technical issues like this"
Gatorguy 5/31/13
Reply
"I'm way over my head when it comes to technical issues like this"
Gatorguy 5/31/13
Reply
post #30 of 37
Quote:
Originally Posted by jragosta View Post

In spite of Nagromme's commentary, this seems like a rather silly trademark. It will have to be so narrow that it won't be particularly useful.

I'm guessing that it's more of a defensive application - to keep someone else from blocking their use of the term.

except they have to then use the term in a manner in which it was trademarked correct? you cannot just TM a word or phrase and not use it.

post #31 of 37
Epic post by Nagromme, followed hilariously by a spectacular example of anti-Apple pathology from NelsonX.
post #32 of 37
Quote:
Originally Posted by jragosta View Post

In spite of Nagromme's commentary, this seems like a rather silly trademark. It will have to be so narrow that it won't be particularly useful.

I'm guessing that it's more of a defensive application - to keep someone else from blocking their use of the term.

This seems more like an Apple version of Geeksquad. Or some sort of an expansion of the Genius Bar concept. If this includes home and business support at remote locations, they will market the crap out of it. So it is critical to have a name that is protected before you dump a truck load of money on the marketing of it. It sounds more like a name to gather all of the existing services under for service and training (genius bar, one on one, Workshops, dedicated to business, jointventure).

I had not heard of jointventure before. Maybe startup is a rebrand of that or a similar collection of consumer services to get one name to simplify marketing of all they do.

http://www.apple.com/retail/jointventure/
post #33 of 37
Quote:
Originally Posted by Flaneur View Post


"for the good of mankind" would be the English phrase you're looking for.

I'll use you as an example of how not to think of this so narrowly that you miss the point, like others here.

Apple is setting up, for the first time in retail and consumer tech history, a coherent group of services that are designed to get new customers up and running, and old customers repaired and running again.

They want to call this multifaceted group of services by a single name, reflecting a single concept: "Startup."

That doesn't keep anyone from using the term "startup" in ordinary discourse, when referring to new businesses, for example, any more than the phrase "get real" would be off limits if, say, Coca-Cola trademarked it.

It would keep Samsung from using the term to refer to customer sevices (fat chance!) inside their stores, if they ever opened any. Or Amazon.

There is nothing new or insidious about any of this. Y'all just hate it when Apple does new stuff that looks corporate, when in reality they're doing something so beyond corporate and so consumer-focused that you can't even see it, you're so full of reflexive negativity.

 

That.

post #34 of 37
Quote:
Originally Posted by nagromme View Post

Remember folks, Apple is always evil, and you don't need to use your brain when a knee-jerk will do!

 

 

Remember when Apple tradmarked "AirPort" for WiFi products and the sky didn't fall? We can even still build airports! That's similar to how the sky won't fall due to some product/feature called StartUp. lol.gif

 

Remember how we all can still buy apple pies, apple cider, and even apples, even though Apple trademarked "Apple"? People can still talk about burying time capsules even though "Time Capsule" (and "Time Machine") are trademarked for backups; and millions of products are still sold in the color aqua even though Apple trademarked "Aqua" for its UI design.

 

How about "Boot Camp," "Carbon," and the fonts "Charcoal," "Chicago," "Geneva", "Monaco," "New York," "Textile" and "Sand"? I'm no lawyer, but it almost starts to seem as though these Apple trademarks aren't about trademarking language in general--they're about trademarking specific USES of the words as product/feature names.

 

How have we survived "Bonjour," "Cocoa," "Exposé," "FaceTime," "Final Cut," "FlyOver," the venerable "Finder," and "GarageBand"? Home musicians are still able to call themselves by that long-known term, even if competing software companies can't steal the name for their music apps. Continue down the alphabet: "Inkwell," "Instruments", "KeyChain," "Keynote," "Pages," "Numbers," "Lightning," "Logic," "Launchpad," "Mission Control," "PassBook," "Photo Booth," "Quartz," "Retina," "Safari," "Sherlock," "SoundTrack," "Spaces," "Spotlight," and "Tubes."

 

And what about the airline "Southwest," the music company "Pandora," the drink "50/50", the restaurant "Rally's," and, say, "Amazon"? Don't get me started on the VW "Rabbit." Someone pointed out "Windows," but I give Microsoft a free pass since they invented UI windows as we know them. (Wait, actually that was Apple... Xerox PARC's UIs had content in rectangles, but they couldn't overlap or be dragged.) Seems Apple's not the only evil tyrant out to steal the very words from our mouths....

 

And I was curious... would Google ever trademark an existing word?

 

Answer, no. Other than Chrome, Android, Blogger, Ad Words, Boomerang, Closure, Dart, Daydream, DoubleClick, Freebase, Glass, Go, Hangouts, I'm Feeling Lucky, Internet Revolution, Motif, Nexus, Schemer, SingleTap, Street View and Widfire. All trademarked, along with a zillion more like Google Reader that they apparently couldn't get without "Google" on the front. Doesn't mean they didn't try! I wonder if they're working on trademarking "Play"? Better be an outcry if they attempt that!

 

That, too. 

 

But I thought most of this would have been obvious to most people already. 

 

Seeing some of the nonsense in this thread, I see I was wrong. 

post #35 of 37
Quote:
Originally Posted by Gatorguy View Post

Curious if something like this would be a trademark violation? I really don't know.
http://www.pctools.com/startup-explorer/
or even this:
http://www.wikihow.com/Change-Startup-Programs-on-Your-Computer

The test for whether a trademark is in violation of another is whether the average consumer can get confuse between the two and think they're products from the same company.

 

First of all, "Startup" is not "Startup-Explorer". Second, "Startup" is most likely not software, but a service.(at least it seems) Not many are going to confuse Apple "Startup" service with "Startup-Explorer, a software meant for PC's. Now if "Startup-Explorer" was a very widely use software and nearly everyone refers to it as just "Startup", then Apple would have a harder time getting "Startup" as their trademark. But not impossible, if they're are still not similar products. 

 

I think the biggest hurdle Apple has to over come is whether the term "Startup" is too generic for the product they want to use the trademark for. Just like how you can get a trademark for "Apple" if your company sells music or if your company sells computers. But you can't get a trademark for "Apple", if your company sells apples.

 

Apple is taking a trademark out of the term "Startup". They are not getting a copyright for it. Therefore, the word "startup can still be used in everyday language to describe what it means. A trademark only limits the term when some one wants to name a business or service that is similar to what Apple is using the term for. 

post #36 of 37
Quote:
Originally Posted by DavidW View Post

The test for whether a trademark is in violation of another is whether the average consumer can get confuse between the two and think they're products from the same company.

First of all, "Startup" is not "Startup-Explorer". Second, "Startup" is most likely not software, but a service.(at least it seems) Not many are going to confuse Apple "Startup" service with "Startup-Explorer, a software meant for PC's. Now if "Startup-Explorer" was a very widely use software and nearly everyone refers to it as just "Startup", then Apple would have a harder time getting "Startup" as their trademark. But not impossible, if they're are still not similar products. 

I think the biggest hurdle Apple has to over come is whether the term "Startup" is too generic for the product they want to use the trademark for. Just like how you can get a trademark for "Apple" if your company sells music or if your company sells computers. But you can't get a trademark for "Apple", if your company sells apples.

Apple is taking a trademark out of the term "Startup". They are not getting a copyright for it. Therefore, the word "startup can still be used in everyday language to describe what it means. A trademark only limits the term when some one wants to name a business or service that is similar to what Apple is using the term for. 

While that's all correct, the entire trademark situation got a lot messier when USPTO allowed Microsoft to trademark "Windows" and "Office".
"I'm way over my head when it comes to technical issues like this"
Gatorguy 5/31/13
Reply
"I'm way over my head when it comes to technical issues like this"
Gatorguy 5/31/13
Reply
post #37 of 37
Quote:
Originally Posted by Rot'nApple View Post

In other news, The Rolling Stones slapped a lawsuit against Apple requesting an injunction for the trademark 'startup' as the group said it sounds too similar to their song, "Start Me Up"!

Which was licensed to MS for the Win95 launch.
New Posts  All Forums:Forum Nav:
  Return Home
  Back to Forum: General Discussion
AppleInsider › Forums › General › General Discussion › Apple attempting to trademark the term 'startup' for retail services