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Apple Tries To Trademark The Word "Startup"

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#1 The Dingus Diddler

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Posted 28 August 2013 - 14:55

 

Apple is attempting to trademark the word "startup", covering a range of products and services, in a bold application filed in Australia on 27 August.

 

The application -- first spotted by TM Watch -- was filed by the company's Cupertino headquarters alongside the Sydney branch of law firm Baker & Mckenzie. The application seeks to use the trademark in relation to retail store services; the maintenance, installation and repair of computer hardware and other devices; educational services, including classes, workshops and seminars, and the design and development of computer hardware and software. So pretty much everything Apple does then.

 

Apple has actually already filed for this trademark in 2011 in both China and the US. The company was granted a preliminary trademark pending a consultation period where people could object to the trademark. Not surprisingly, objections were filed. Apple has a window to respond to those objections in the US by 20 September.

 

The trademark application filed in Australia falls under the same international registration as the ones filed in the US and China. This allows Apple to potentially take advantage of the Madrid system, administered by the World Intellectual Property Organisation, whereby a company can register a trademark in one of the countries that signed the Madrid agreement and it will transfer easily to other countries.

 

While the classes covered by the trademark application are not comprehensive -- i.e. they only cover specific uses of the word startup -- there have been cases where the owner of a trademark with a big enough reputation can take action against dissimilar goods and services where they are trying to ride on the reputation of the mark. We saw this when Facebook tried to sue a teachers network called Teachbook.

 

There is lots of speculation about why Apple might be trying to trademark a word like "Startup", with some suggesting the company could be trying to disintermediate mobile operators and sell contracts to customers directly.

Source




#2 FloatingFatMan

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Posted 28 August 2013 - 16:07

Oh f*** off Apple.  Startup is a generic word in use by the entire industry, you thieving goits.



#3 vetneufuse

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Posted 28 August 2013 - 16:14

Well there goes the "Startup" folder on windows that's been there for EVER.... </s>



#4 Growled

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Posted 28 August 2013 - 18:53

WTF, Apple. Just WTF.



#5 Brian M.

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Posted 28 August 2013 - 18:56

If people actually read the trademark, you'll see that they're trying to use it as a trademark for in-store services. Like they do with "Genius" and "one to one".

 

As far as I know, no company has used "Startup" in relation to this have they?



#6 MikeChipshop

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Posted 28 August 2013 - 18:56

**** off Apple

#7 +techbeck

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Posted 28 August 2013 - 18:57

As far as I know, no company has used "Startup" in relation to this have they?

 

Not sure.  Depends on what the objections others filed are about and Apple's response.



#8 +SharpGreen

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Posted 28 August 2013 - 18:58

So another frivolous trademark filing like when they tried trademarking "App Store" on the basis that it was short for apple store.



#9 ILikeTobacco

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Posted 28 August 2013 - 19:01

Always surprises me how many people on the forum don't understand simply things like trademarks and copyrights. Fun fact, Apple has trademarked Apple. Going to complain or think fruit vendors will? That is not how trademarks work. Just because a word sounds the same, and is spelled the same, it doesn't mean it is actually the same as far as business is concerned. Based on what the application says, this is actually a valid trademark.



#10 norseman

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Posted 28 August 2013 - 19:02

If people actually read the trademark, you'll see that they're trying to use it as a trademark for in-store services. Like they do with "Genius" and "one to one".

 

As far as I know, no company has used "Startup" in relation to this have they?

How about this?



:D



#11 ILikeTobacco

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Posted 28 August 2013 - 19:03

So another frivolous trademark filing like when they tried trademarking "App Store" on the basis that it was short for apple store.

That trademark was based on their application store being called App Store. The reason it's called App Store is because its short for Apple store and they sell apps, but that has nothing to do with the trademark application.



#12 ILikeTobacco

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Posted 28 August 2013 - 19:04

How about this?


:D

Lacking from your video about the start menu... startup. That being said... ah the memories. I still need to try and boot 95 to my old iPad.



#13 vetneufuse

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Posted 28 August 2013 - 19:12

That trademark was based on their application store being called App Store. The reason it's called App Store is because its short for Apple store and they sell apps, but that has nothing to do with the trademark application.

App short for Apple? I don't think that was what they meant because when they first pushed it was "Application Store" shortened to App because in OSX everything is .app and .app never stood for Apple so they continued the App model to the iOS stores



#14 wv@gt

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Posted 28 August 2013 - 19:25

They are trademarking the term Startup for a service they are offering, not the actual word start up, big difference. All this does is prevent other companies from using other similar services under that name. This doesn't mean anytime the word startup is used in something non contextual that the person will have to pay. 

 

Along the lines of the App store, people whined when Apple did this, since App was short for application. The thing though is that App Stores then were not in the same context as what Apple was doing. Now look everyone has an "App Store" but has to use a slightly different name.  

 

Also remember the current trademark system allows Apple to do this, if there is such a problem with it, then the system is what needs changing



#15 +Phouchg

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Posted 28 August 2013 - 19:29

Always surprises me how many people on the forum don't understand simply things like trademarks and copyrights. Fun fact, Apple has trademarked Apple. Going to complain or think fruit vendors will? That is not how trademarks work. Just because a word sounds the same, and is spelled the same, it doesn't mean it is actually the same as far as business is concerned. Based on what the application says, this is actually a valid trademark.

 

"Oh, don't be so sure, Mr. President"

-- Premier Romanov, RA2

 

http://www.telegraph...-over-logo.html

 

When Christin Romer decided to open Apfelkind (Applechild) in a leafy and elegant suburb of Bonn she chose a logo she thought reflected the cafe's emphasis on children and wholesome fun.

Showing a red apple with a cut-out silhouette of a child in a hat, she had it placed on cups, cushions and furniture ready for the cafe's opening in May.

All went well until last week when a letter bearing the logo of the American computer giant arrived in the post, claiming her logo could confuse Apple customers, and demanded that she withdraw her Apfelkind trademark application.





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