Submitted by Bradley Baker08.07.2008
The PTO just cancelled a "Notice of Allowance" to Dell for the trademarking and use of the term "Cloud Computing", returning the file for further review.
This prediction is that the PTO will go ahead and issue a new "Notice of Allowance" and that Dell will start to use the term as a registered trademark within six months. The prediction can also be judged as a failure if the PTO officially announces that "Cloud Computing" cannot be trademarked by Dell (for any reason, including it belonging to another entity or being a generic term).
reference articles:
http://www.internetnews.com/government/article.php/3763741/PTO+Rains+on+...
http://www.marketwatch.com/news/story/dell-has-every-right-cloud/story.a...
http://www.thestandard.com/news/2008/08/01/dell-has-applied-trademark-te...
Suggested Odds50.00%
Prediction Close Date:02.07.2009 (EST)
Members will be rewarded with S$25,000.00 Standard Dollars for successfully submitting Suggestions which are popularly accepted by the community, vetted by The Industry Standard and added to the site.
Votes
Vote Volumes: 4 2 |
Comments
Good one. So, just to clarify, the only way favorable judgement can be made is when BOTH criterias are met
1) New allowance issued by 2/7/09
2) Dell starts to use the term as a registered trademark by 2/7/09
Anything else (examples below) would render an unfavorable judgement.
1) No issuance announcement made before 2/7/09
2) New issuance is made and Dell does not use the term as registered trademark by 2/7/09
3) Cannot be trademarked announcement by US PTO by 2/7/09
Am I correct?
That's my intention.
My understanding (based on nothing more than brief reading this morning) is that Dell would have 6 months from the notice of acceptance to use the trademark and submit such use(s) to the PTO to complete the registration process. The intent is that they do so. Also that a issuance letter which can be yanked isn't sufficient. I wasn't planning to give them the extra time to make up six months beyond the issuance of a new letter (if any), but rather just 6 months from today.
In all likelihood this will settle definitively one way or the other well before February. Which makes calculating ROI more difficult, but also makes it more worthwhile for players who stay on top of the news or can make predictions, rather than just those who can read calendars and play events that are about to time out.
@Bradley, thanks for clarification. Typically, once trademark is issued, the use will appear fairly soon after (rather than 6 months). the question is that with the current pressure on PTO (which is a rather inefficient entity) to reconsider trademarking a generic term. It is less likely to reach a decision on re-issuance of an allowance without alloting sufficient time to reconsider. Have you also consider the scenario if the allowance is issued only in a narrow sense (which allows others to continue to use the term without trademark infringement)? As I interpret the criterias, it would seem that a narrow definition of use will not meet the need for favorable judgement. Perhaps an added disclaimer that the allowance issuance will prohibit others from using the term "cloud computing" in any sense. Just a thought.
@David, Indeed, I'd expect Dell to get materials printed and sent to the PTO fairly immediately. While they have up to 6 months, if this isn't settled one way or the other WELL before Feb. I'd be shocked.
I think I'm good with pretty much any allowance from the PTO. Really this is a will they/won't they prediction on what the PTO will decide now that there's intense media pressure. If they think it's a generic term they won't award the trademark and this fails. If they think Dell qualifies for protection then they'll issue it and, soon after once Dell files the rest of the paperwork, the prediction will succeed. Meanwhile we get all kinds of bloggers, corporate lawyers, and potentially politicians saying all kinds of things to try to influence the PTO's judgment and therefore the direction of the prediction. Should be fun. :)
@Bradley, See this article about "narrow definition".
@Bradley, dead suggestion. USPTO denied Dell the trademark.
Ah well.
I think it would have made an interesting prediction that could have gone either way. Certainly the PTO doesn't have a great reputation for making the best decisions, and with the comment period having passed without any complaints I thought there was a chance they be stupid enough to give this one to Dell.
@TIS, how does this suggestion become a featured suggestion? USPTO already made the decision to nullify the trademark grant to Dell. This suggestion is dead.
Post new comment