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Date: Thu, 18 May 2000 17:11:03 -0500
From: [log in to unmask]
Subject: METADATA as a Trademark
Sender: [log in to unmask]
I am not a part of your list, but thought you might like some
background/history/resource information about trademarks (at least in the
US). I am the Patent and Trademark Librarian at a Patent and Trademark
Depository Library, a program sponsored by the United States Patent and
Trademark Office (USPTO).
First some resources:
The letter to the colleague (or colleague's client) said:
"Our client's mark is registered as U.S. Trademark Registration Nos.
1,409,260 and 2,185,504"
This can be verified at the USPTO's TESS database or Trademarkscan US
Federal (available from Dialog and possible other online services). I did
this and sure enough, those two marks are the only ones registered for
Metadata. Interestingly an Australian company applied for Metadata for
computer software, but the application was abandoned at the applicant's
request. Hmmm... (the database doesn't have the detail of the
correspondence).
Trademarkscan also has information about lawsuits which have been filed or
if anyone has contested the mark. More information on specific suits can be
found in the USPQ (United States Patents Quarterly).
The USPTO has a very good website (www.uspto.gov). Some specific pages of
interest might be:
Basic Facts About Trademarks
(http://www.uspto.gov/web/offices/tac/doc/basic/basic_facts.html)
Trademarks FAQ (http://www.uspto.gov/web/offices/tac/tmfaq.htm)
TESS (http://tess.uspto.gov/bin/gate.exe?f=login&p_lang=english&p_d=trmk)
database
Some history that may relate to this:
Many historic trademark have become "generic" due to misuse. Cellophane,
escalator, aspirin, and corn flakes are just a few examples. Some recent
companies who are still fighting this are Kleenex, Band-Aid, Xerox, and
Roller Blades.
The key is that a trademark must always be used as an adjective (Kleenex
tissues, Band-Aid bandages) and never as a verb ("Xerox this for me") or
noun ("See my new Roller Blades").
I don't know the exact legalities about how long it takes to lose a
trademark, but it seems that this company at least has given you a very
easy solution. Just separate the word! To be honest, I never knew METADATA
was a trademark either.
If you have any other questions, you may want to find an intellectual
property attorney. (I've pretty much told you all I know, and my guess is
that the USPTO may tell you to speak to an attorney as well.)
****************************************
Donna Hopkins
Patents/Engineering Librarian
141 Middleton Library
Louisiana State University
Baton Rouge, LA 70803
(225)388-8264
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