Dell Inc. Trademark #77139082 (Classes 40, 42): CLOUD COMPUTING
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Sam Johnston
Aug 1, 2008, 10:05:05 AM8/1/08
to cloud-c...@googlegroups.com
Afternoon all,
While researching recently I spotted something curious - a trademark (™) symbol associated with 'Cloud Computing' in a Dell press release. I assumed it applied to the term 'Dell Cloud Computing' but just to be sure I did a quick trademark (TESS) search at USPTO, results below (along with application and notice of allowance). I'm somewhat surprised (particularly in light of the Web 2.0 trademark debacle) but out of respect for the Dell people on this list I'm going to resist the (strong) urge to make comment here and leave you to draw your own conclusions; those who need to call their legal teams likely already did when they saw the subject (assuming they weren't already aware).
Sam
Document Description: Application
Mail / Create Date: 23-Mar-2007
The literal element of the mark consists of CLOUD COMPUTING. The mark consists of standard characters, without claim to any particular font, style, size, or color.
The applicant, Dell Inc., a corporation of Delaware, having an address of One Dell Way, Round Rock, Texas, United States, 78682, requests registration of the trademark/service mark identified above in the United States Patent and Trademark Office on the Principal Register established by the Act of July 5, 1946 (15 U.S.C. Section 1051 et seq.), as amended.
International Class 042: Design of computer hardware for use in data centers and mega-scale computing environments for others; customization of computer hardware for use in data centers and mega-scale computing environments for others; design and development of networks for use in data centers and mega-scale computing environments for others; Consulting services for data centers and mega-scale computing environments in the fields of design, selection, implementation, customization and use of computer hardware and software systems for others; Consulting services for data centers and mega-scale computing environments in the fields of design, selection, implementation, customization and use of computer hardware and software systems for others.
Intent to Use: The applicant has a bona fide intention to use or use through the applicant's related company or licensee the mark in commerce on or in connection with the identified goods and/or services. (15 U.S.C. Section 1051(b)).
International Class 040: Custom manufacture of computer hardware for use in data centers and mega-scale computing environments for others
Intent to Use: The applicant has a bona fide intention to use or use through the applicant's related company or licensee the mark in commerce on or in connection with the identified goods and/or services. (15 U.S.C. Section 1051(b)).
The applicant hereby appoints Daniel J. Noonan and Anna Kuhn, Allison McDade, Kelly Walton of Dell Legal Department, RR1-33, One Dell Way, Round Rock, Texas, United States, 78682 to submit this application on behalf of the applicant.
A fee payment in the amount of $650 will be submitted with the application, representing payment for 2 class(es).
Declaration
The undersigned, being hereby warned that willful false statements and the like so made are punishable by fine or imprisonment, or both, under 18 U.S.C. Section 1001, and that such willful false statements, and the like, may jeopardize the validity of the application or any resulting registration, declares that he/she is properly authorized to execute this application on behalf of the applicant; he/she believes the applicant to be the owner of the trademark/service mark sought to be registered, or, if the application is being filed under 15 U.S.C. Section 1051(b), he/she believes applicant to be entitled to use such mark in commerce; to the best of his/her knowledge and belief no other person, firm, corporation, or association has the right to use the mark in commerce, either in the identical form thereof or in such near resemblance thereto as to be likely, when used on or in connection with the goods/services of such other person, to cause confusion, or to cause mistake, or to deceive; and that all statements made of his/her own knowledge are true; and that all statements made on information and belief are believed to be true.
Signature: /mhmillican/ Date Signed: 03/23/2007
Signatory's Name: Max Helen Millican
Signatory's Position: Authorized Representative
RAM Sale Number: 422
RAM Accounting Date: 03/26/2007
Serial Number: 77139082
Internet Transmission Date: Fri Mar 23 16:28:19 EDT 2007
TEAS Stamp: USPTO/BAS-166.214.115.239-20070323162819
792486-77139082-370616150b2ed177985523a6
ea8cc01aa-DA-422-20070323161143163513
While researching recently I spotted something curious - a trademark (™) symbol associated with 'Cloud Computing' in a Dell press release. I assumed it applied to the term 'Dell Cloud Computing' but just to be sure I did a quick trademark (TESS) search at USPTO, results below (along with application and notice of allowance). I'm somewhat surprised (particularly in light of the Web 2.0 trademark debacle) but out of respect for the Dell people on this list I'm going to resist the (strong) urge to make comment here and leave you to draw your own conclusions; those who need to call their legal teams likely already did when they saw the subject (assuming they weren't already aware).
Sam
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Dell today announced the availability of the Dell Cloud ComputingTM Solution, the first offering developed by its new business unit – the Dell Data Center Solutions Division.<snip> |
| Word Mark | CLOUD COMPUTING |
| Goods and Services | IC 040. US 100 103 106. G & S: Custom manufacture of computer
hardware for use in data centers and mega-scale computing environments
for others IC 042. US 100 101. G & S: Design of computer hardware for use in data centers and mega-scale computing environments for others; customization of computer hardware for use in data centers and mega-scale computing environments for others; design and development of networks for use in data centers and mega-scale computing environments for others; Consulting services for data centers and mega-scale computing environments in the fields of design, selection, implementation, customization and use of computer hardware and software systems for others; Consulting services for data centers and mega-scale computing environments in the fields of design, selection, implementation, customization and use of computer hardware and software systems for others |
| Standard Characters Claimed | |
| Mark Drawing Code | (4) STANDARD CHARACTER MARK |
| Serial Number | 77139082 |
| Filing Date | March 23, 2007 |
| Current Filing Basis | 1B |
| Original Filing Basis | 1B |
| Published for Opposition | April 15, 2008 |
| Owner | (APPLICANT) Dell Inc. CORPORATION DELAWARE One Dell Way Round Rock TEXAS 78682 |
| Attorney of Record | Daniel J. Noonan |
| Disclaimer | NO CLAIM IS MADE TO THE EXCLUSIVE RIGHT TO USE "COMPUTING" APART FROM THE MARK AS SHOWN |
| Type of Mark | SERVICE MARK |
| Register | PRINCIPAL |
| Live/Dead Indicator | LIVE |
|
Document Description: Notice of Allowance Mail / Create Date: 08-Jul-2008
|
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Document Description: Application
Mail / Create Date: 23-Mar-2007
| PTO Form 1478 (Rev 9/2006) |
| OMB No. 0651-0009 (Exp 09/30/2008) |
Trademark/Service Mark Application, Principal Register
| Serial Number: 77139082 |
| Filing Date: 03/23/2007 |
The table below presents the data as entered.
|
|
|
| SERIAL NUMBER | 77139082 |
| MARK INFORMATION | |
| *MARK | CLOUD COMPUTING |
| STANDARD CHARACTERS | YES |
| USPTO-GENERATED IMAGE | YES |
| LITERAL ELEMENT | CLOUD COMPUTING |
| MARK STATEMENT | The mark consists of standard characters, without claim to any particular font, style, size, or color. |
| APPLICANT INFORMATION | |
| *OWNER OF MARK | Dell Inc. |
| *STREET | One Dell Way |
| *CITY | Round Rock |
| *STATE
(Required for U.S. applicants) | Texas |
| *COUNTRY | United States |
| *ZIP/POSTAL CODE
(Required for U.S. applicants only) | 78682 |
| LEGAL ENTITY INFORMATION | |
| *TYPE | CORPORATION |
| *STATE/COUNTRY OF INCORPORATION | Delaware |
| GOODS AND/OR SERVICES SECTION | |
| INTERNATIONAL CLASS | 042 |
| DESCRIPTION | Design of computer hardware for use in data centers and mega-scale computing environments for others; customization of computer hardware for use in data centers and mega-scale computing environments for others; design and development of networks for use in data centers and mega-scale computing environments for others; Consulting services for data centers and mega-scale computing environments in the fields of design, selection, implementation, customization and use of computer hardware and software systems for others; Consulting services for data centers and mega-scale computing environments in the fields of design, selection, implementation, customization and use of computer hardware and software systems for others. |
| FILING BASIS | SECTION 1(b) |
| GOODS AND/OR SERVICES SECTION | |
| INTERNATIONAL CLASS | 040 |
| DESCRIPTION | Custom manufacture of computer hardware for use in data centers and mega-scale computing environments for others |
| FILING BASIS | SECTION 1(b) |
| ATTORNEY INFORMATION | |
| NAME | Daniel J. Noonan |
| FIRM NAME | Dell Legal Department |
| STREET | One Dell Way |
| INTERNAL ADDRESS | RR1-33 |
| CITY | Round Rock |
| STATE | Texas |
| COUNTRY | United States |
| ZIP/POSTAL CODE | 78682 |
| PHONE | 512-723-6483 |
| FAX | 512-283-6483 |
| EMAIL ADDRESS | dan_n...@dell.com |
| AUTHORIZED TO COMMUNICATE VIA EMAIL | Yes |
| OTHER APPOINTED ATTORNEY | Anna Kuhn, Allison McDade, Kelly Walton |
| CORRESPONDENCE INFORMATION | |
| NAME | Daniel J. Noonan |
| FIRM NAME | Dell Legal Department |
| STREET | One Dell Way |
| INTERNAL ADDRESS | RR1-33 |
| CITY | Round Rock |
| STATE | Texas |
| COUNTRY | United States |
| ZIP/POSTAL CODE | 78682 |
| PHONE | 512-723-6483 |
| FAX | 512-283-6483 |
| EMAIL ADDRESS | dan_n...@dell.com |
| AUTHORIZED TO COMMUNICATE VIA EMAIL | Yes |
| FEE INFORMATION | |
| NUMBER OF CLASSES | 2 |
| FEE PER CLASS | 325 |
| TOTAL FEE DUE | 650 |
| SIGNATURE INFORMATION | |
|---|---|
| SIGNATURE | /mhmillican/ |
| SIGNATORY'S NAME | Max Helen Millican |
| SIGNATORY'S POSITION | Authorized Representative |
| DATE SIGNED | 03/23/2007 |
| FILING INFORMATION SECTION | |
| SUBMIT DATE | Fri Mar 23 16:28:19 EDT 2007 |
| TEAS STAMP | USPTO/BAS-166.214.115.239 -20070323162819792486-771 39082-370616150b2ed177985 523a6ea8cc01aa-DA-422-200 70323161143163513 |
| PTO Form 1478 (Rev 9/2006) |
| OMB No. 0651-0009 (Exp 09/30/2008) |
Trademark/Service Mark Application, Principal Register
| Serial Number: 77139082 |
| Filing Date: 03/23/2007 |
To the Commissioner for Trademarks:
MARK: CLOUD COMPUTING (Standard Characters, see mark)The literal element of the mark consists of CLOUD COMPUTING. The mark consists of standard characters, without claim to any particular font, style, size, or color.
The applicant, Dell Inc., a corporation of Delaware, having an address of One Dell Way, Round Rock, Texas, United States, 78682, requests registration of the trademark/service mark identified above in the United States Patent and Trademark Office on the Principal Register established by the Act of July 5, 1946 (15 U.S.C. Section 1051 et seq.), as amended.
International Class 042: Design of computer hardware for use in data centers and mega-scale computing environments for others; customization of computer hardware for use in data centers and mega-scale computing environments for others; design and development of networks for use in data centers and mega-scale computing environments for others; Consulting services for data centers and mega-scale computing environments in the fields of design, selection, implementation, customization and use of computer hardware and software systems for others; Consulting services for data centers and mega-scale computing environments in the fields of design, selection, implementation, customization and use of computer hardware and software systems for others.
Intent to Use: The applicant has a bona fide intention to use or use through the applicant's related company or licensee the mark in commerce on or in connection with the identified goods and/or services. (15 U.S.C. Section 1051(b)).
International Class 040: Custom manufacture of computer hardware for use in data centers and mega-scale computing environments for others
Intent to Use: The applicant has a bona fide intention to use or use through the applicant's related company or licensee the mark in commerce on or in connection with the identified goods and/or services. (15 U.S.C. Section 1051(b)).
The applicant hereby appoints Daniel J. Noonan and Anna Kuhn, Allison McDade, Kelly Walton of Dell Legal Department, RR1-33, One Dell Way, Round Rock, Texas, United States, 78682 to submit this application on behalf of the applicant.
| Correspondence Information: | Daniel J. Noonan |
| RR1-33 | |
| One Dell Way | |
| Round Rock, Texas 78682 | |
| 512-723-6483(phone) | |
| 512-283-6483(fax) | |
| dan_n...@dell.com (authorized) |
A fee payment in the amount of $650 will be submitted with the application, representing payment for 2 class(es).
The undersigned, being hereby warned that willful false statements and the like so made are punishable by fine or imprisonment, or both, under 18 U.S.C. Section 1001, and that such willful false statements, and the like, may jeopardize the validity of the application or any resulting registration, declares that he/she is properly authorized to execute this application on behalf of the applicant; he/she believes the applicant to be the owner of the trademark/service mark sought to be registered, or, if the application is being filed under 15 U.S.C. Section 1051(b), he/she believes applicant to be entitled to use such mark in commerce; to the best of his/her knowledge and belief no other person, firm, corporation, or association has the right to use the mark in commerce, either in the identical form thereof or in such near resemblance thereto as to be likely, when used on or in connection with the goods/services of such other person, to cause confusion, or to cause mistake, or to deceive; and that all statements made of his/her own knowledge are true; and that all statements made on information and belief are believed to be true.
Signature: /mhmillican/ Date Signed: 03/23/2007
Signatory's Name: Max Helen Millican
Signatory's Position: Authorized Representative
RAM Sale Number: 422
RAM Accounting Date: 03/26/2007
Serial Number: 77139082
Internet Transmission Date: Fri Mar 23 16:28:19 EDT 2007
TEAS Stamp: USPTO/BAS-166.214.115.239-20070323162819
792486-77139082-370616150b2ed177985523a6
ea8cc01aa-DA-422-20070323161143163513
Jesse L Silver
Aug 1, 2008, 11:51:15 AM8/1/08
to cloud-c...@googlegroups.com
Dell hasn't defended the trademark as far as I can tell, so I wouldn't take this too seriously.
Has anyone received a cease and desist letter from dell re: Cloud ComputingTM ?
Has anyone received a cease and desist letter from dell re: Cloud ComputingTM ?
Reuven Cohen
Aug 1, 2008, 12:12:21 PM8/1/08
to cloud-c...@googlegroups.com
I'll do some digging and see what I can find out from my contacts. Looks like they trademarked "cloud computing" more then a year after companies like Amazon and Google started using the term.
I've been using the term since August of 2006 when i first become involved in the EC2 project.
Reuven
I've been using the term since August of 2006 when i first become involved in the EC2 project.
Reuven
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Reuven Cohen
Founder & Chief Technologist, Enomaly Inc.
www.enomaly.com :: 416 848 6036 x 1
skype: ruv.net // aol: ruv6
blog > www.elasticvapor.com
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Get Linked in> http://linkedin.com/pub/0/b72/7b4
--
Reuven Cohen
Founder & Chief Technologist, Enomaly Inc.
www.enomaly.com :: 416 848 6036 x 1
skype: ruv.net // aol: ruv6
blog > www.elasticvapor.com
-
Get Linked in> http://linkedin.com/pub/0/b72/7b4
Harry Wang
Aug 1, 2008, 1:03:54 PM8/1/08
to cloud-c...@googlegroups.com
This is great info. Thanks.
I think even though some people are using the term, but as long as they did not trademark it, they are not the legal owner? I'm not an expert, but that is what I thought how the system work. So if at any time Dell decides to collect from other companies who use that term, they have the legal right to do so. But can a term reach such popularity and no one company can own it?
Harry Wang
I think even though some people are using the term, but as long as they did not trademark it, they are not the legal owner? I'm not an expert, but that is what I thought how the system work. So if at any time Dell decides to collect from other companies who use that term, they have the legal right to do so. But can a term reach such popularity and no one company can own it?
Harry Wang
Shane
Aug 1, 2008, 1:18:05 PM8/1/08
to Cloud Computing
In all of my trademark dealings, I have been told that the first use
of the trademark in interstate or international commerce is the
defining issue. Even after a trademark is 'Live', it can be
challenged. It still suprises me that the USPTO approved the
trademark filing though. Very unlikely that this will be an issue for
any of us. Could you imagine the backlash if Dell tried to enforce
their trademark ;)
-shane
On Aug 1, 10:03 am, "Harry Wang" <foreversold...@gmail.com> wrote:
> This is great info. Thanks.
>
> I think even though some people are using the term, but as long as they did
> not trademark it, they are not the legal owner? I'm not an expert, but that
> is what I thought how the system work. So if at any time Dell decides to
> collect from other companies who use that term, they have the legal right to
> do so. But can a term reach such popularity and no one company can own it?
>
> Harry Wang
>
>
>
> On Fri, Aug 1, 2008 at 9:12 AM, Reuven Cohen <r...@enomaly.com> wrote:
> > I'll do some digging and see what I can find out from my contacts. Looks
> > like they trademarked "cloud computing" more then a year after companies
> > like Amazon and Google started using the term.
>
> > I've been using the term since August of 2006 when i first become involved
> > in the EC2 project.
>
> > Reuven
>
> >> search at USPTO <http://uspto.gov/>, results below (along with
> >> Hyper-Scale Data Centers *
> >> *Mark Drawing Code* (4) STANDARD CHARACTER MARK *Serial Number*
> >> 77139082 *Filing Date* March 23, 2007 *Current Filing Basis* 1B *Original
> >> Filing Basis* 1B *Published for Opposition* April 15, 2008 *Owner* (APPLICANT)
> >> Dell Inc. CORPORATION DELAWARE One Dell Way Round Rock TEXAS 78682 *Attorney
> >> of Record* Daniel J. Noonan *Disclaimer* NO CLAIM IS MADE TO THE
> >> EXCLUSIVE RIGHT TO USE "COMPUTING" APART FROM THE MARK AS SHOWN *Type of
> >> Mark* SERVICE MARK *Register* PRINCIPAL *Live/Dead Indicator* LIVE
> >> Document Description: *Notice of Allowance*
> >> Mail / Create Date: *08-Jul-2008
> >> *
>
> >> *U.S. Patent and Trademark Office (USPTO) *
>
> >> * NOTICE OF ALLOWANCE *
>
> >> *ADDITIONAL INFORMATION MAY BE PRESENT IN THE USPTO RECORDS*
> >> <http://portal.uspto.gov/external/portal/tow>
> >> Document Description: *Application*
> >> Mail / Create Date: *23-Mar-2007
>
> >> *PTO Form 1478 (Rev 9/2006) OMB No. 0651-0009 (Exp 09/30/2008) Trademark/Service
> >> Mark Application, Principal Register *Serial Number: **77139082* *Filing
> >> Date: **03/23/2007*
> >> ------------------------------
> >> MARKCLOUD COMPUTING STANDARD CHARACTERS YES USPTO-GENERATED IMAGE YES LITERAL
> >> ELEMENTCLOUD COMPUTING MARK STATEMENTThe mark consists of standard
> >> ***CITYRound Rock ***STATE
> >> (Required for U.S. applicants)Texas ***COUNTRYUnited States ***ZIP/POSTAL
> >> CODE
> >> (Required for U.S. applicants only)78682 *LEGAL ENTITY INFORMATION* ***
> >> TYPECORPORATION ***STATE/COUNTRY OF INCORPORATION Delaware *GOODS
> >> AND/OR SERVICES SECTION* INTERNATIONAL CLASS042 DESCRIPTIONDesign of
> >> DESCRIPTIONCustom manufacture of computer hardware for use in data
>
> read more »- Hide quoted text -
>
> - Show quoted text -
of the trademark in interstate or international commerce is the
defining issue. Even after a trademark is 'Live', it can be
challenged. It still suprises me that the USPTO approved the
trademark filing though. Very unlikely that this will be an issue for
any of us. Could you imagine the backlash if Dell tried to enforce
their trademark ;)
-shane
On Aug 1, 10:03 am, "Harry Wang" <foreversold...@gmail.com> wrote:
> This is great info. Thanks.
>
> I think even though some people are using the term, but as long as they did
> not trademark it, they are not the legal owner? I'm not an expert, but that
> is what I thought how the system work. So if at any time Dell decides to
> collect from other companies who use that term, they have the legal right to
> do so. But can a term reach such popularity and no one company can own it?
>
> Harry Wang
>
>
>
> On Fri, Aug 1, 2008 at 9:12 AM, Reuven Cohen <r...@enomaly.com> wrote:
> > I'll do some digging and see what I can find out from my contacts. Looks
> > like they trademarked "cloud computing" more then a year after companies
> > like Amazon and Google started using the term.
>
> > I've been using the term since August of 2006 when i first become involved
> > in the EC2 project.
>
> > Reuven
>
> > On Fri, Aug 1, 2008 at 10:05 AM, Sam Johnston <s...@samj.net> wrote:
>
> >> Afternoon all,
>
> >> While researching recently I spotted something curious - a trademark (™)
> >> symbol associated with 'Cloud Computing' in a Dell press release. I assumed
> >> it applied to the term 'Dell Cloud Computing' but just to be sure I did a
> >> quick trademark (TESS<http://tess2.uspto.gov/bin/gate.exe?f=login&p_lang=english&p_d=trmk>)
>
> >> Afternoon all,
>
> >> While researching recently I spotted something curious - a trademark (™)
> >> symbol associated with 'Cloud Computing' in a Dell press release. I assumed
> >> it applied to the term 'Dell Cloud Computing' but just to be sure I did a
> >> search at USPTO <http://uspto.gov/>, results below (along with
> >> application and notice of allowance). I'm somewhat surprised (particularly
> >> in light of the Web 2.0 trademark debacle<http://www.google.com/search?q=%22web+2.0%22+trademark>)
> >> but out of respect for the Dell people on this list I'm going to resist the
> >> (strong) urge to make comment here and leave you to draw your own
> >> conclusions; those who need to call their legal teams likely already did
> >> when they saw the subject (assuming they weren't already aware).
>
> >> Sam
>
> >> *Dell Announces Cloud Computing Solution to Address Unique Needs of
> >> (strong) urge to make comment here and leave you to draw your own
> >> conclusions; those who need to call their legal teams likely already did
> >> when they saw the subject (assuming they weren't already aware).
>
> >> Sam
>
> >> Hyper-Scale Data Centers *
> >> Company Forms Division to Drive Next Phase of Solutions for Businesses
> >> with the Largest Customized Scale-Out Infrastructures
> >> ------------------------------
> >> with the Largest Customized Scale-Out Infrastructures
> >> Round Rock, Texas, March 27, 2007
>
>
> >> Dell today announced the availability of the Dell Cloud ComputingTM
> >> Solution, the first offering developed by its new business unit – the Dell
> >> Data Center Solutions Division.<snip>
>
> >> [image: Mark Image] *Word Mark * *CLOUD COMPUTING* *Goods and Services* IC
> >> Solution, the first offering developed by its new business unit – the Dell
> >> Data Center Solutions Division.<snip>
>
> >> 040. US 100 103 106. G & S: Custom manufacture of computer hardware for use
> >> in data centers and mega-scale computing environments for others
>
> >> IC 042. US 100 101. G & S: Design of computer hardware for use in data
> >> centers and mega-scale computing environments for others; customization of
> >> computer hardware for use in data centers and mega-scale computing
> >> environments for others; design and development of networks for use in data
> >> centers and mega-scale computing environments for others; Consulting
> >> services for data centers and mega-scale computing environments in the
> >> fields of design, selection, implementation, customization and use of
> >> computer hardware and software systems for others; Consulting services for
> >> data centers and mega-scale computing environments in the fields of design,
> >> selection, implementation, customization and use of computer hardware and
> >> software systems for others
> >> *Standard Characters Claimed*
> >> in data centers and mega-scale computing environments for others
>
> >> IC 042. US 100 101. G & S: Design of computer hardware for use in data
> >> centers and mega-scale computing environments for others; customization of
> >> computer hardware for use in data centers and mega-scale computing
> >> environments for others; design and development of networks for use in data
> >> centers and mega-scale computing environments for others; Consulting
> >> services for data centers and mega-scale computing environments in the
> >> fields of design, selection, implementation, customization and use of
> >> computer hardware and software systems for others; Consulting services for
> >> data centers and mega-scale computing environments in the fields of design,
> >> selection, implementation, customization and use of computer hardware and
> >> software systems for others
> >> *Mark Drawing Code* (4) STANDARD CHARACTER MARK *Serial Number*
> >> 77139082 *Filing Date* March 23, 2007 *Current Filing Basis* 1B *Original
> >> Filing Basis* 1B *Published for Opposition* April 15, 2008 *Owner* (APPLICANT)
> >> Dell Inc. CORPORATION DELAWARE One Dell Way Round Rock TEXAS 78682 *Attorney
> >> of Record* Daniel J. Noonan *Disclaimer* NO CLAIM IS MADE TO THE
> >> EXCLUSIVE RIGHT TO USE "COMPUTING" APART FROM THE MARK AS SHOWN *Type of
> >> Mark* SERVICE MARK *Register* PRINCIPAL *Live/Dead Indicator* LIVE
> >> Document Description: *Notice of Allowance*
> >> Mail / Create Date: *08-Jul-2008
> >> *
>
> >> *U.S. Patent and Trademark Office (USPTO) *
>
> >> * NOTICE OF ALLOWANCE *
>
> >> NOTE: If any data on this notice is incorrect, please fax a request for
> >> correction to the Intent to Use Unit at 571-273-9550. Please include the
> >> serial number of your application on ALL correspondence with the USPTO.
>
> >> *ISSUE DATE: * Jul 8, 2008
> >> NOTE: If any data on this notice is incorrect, please fax a request for
> >> correction to the Intent to Use Unit at 571-273-9550. Please include the
> >> serial number of your application on ALL correspondence with the USPTO.
>
>
> >> DANIEL J. NOONAN
> >> DELL LEGAL DEPARTMENT
> >> ONE DELL WAY
> >> RR1-33
> >> ROUND ROCK, TX 78682
>
> >> ** IMPORTANT INFORMATION: 6 MONTH DEADLINE **
>
> >> You filed the trademark application identified below based upon a bona
> >> fide intention to use the mark in commerce. You must use the mark in
> >> commerce and file a Statement of Use (a.k.a. Allegation of Use) before the
> >> USPTO will register the mark. You have six (6) MONTHS from the ISSUE DATE
> >> of this Notice of Allowance (NOA) to file either a Statement of Use, or if
> >> you are not yet using the mark in commerce, a Request for Extension of Time
> >> to File a Statement of use ("Extension Request"). If you file an extension
> >> request, you must continue to file a new request every six months until the
> >> Statement of Use is filed. Applicant may file a total of five (5) extension
> >> requests. FAILURE TO FILE A REQUIRED DOCUMENT DURING THE APPROPRIATE TIME
> >> PERIOD WILL RESULT IN THE *ABANDONMENT* OF YOUR APPLICATION. Please note
> >> DANIEL J. NOONAN
> >> DELL LEGAL DEPARTMENT
> >> ONE DELL WAY
> >> RR1-33
> >> ROUND ROCK, TX 78682
>
> >> ** IMPORTANT INFORMATION: 6 MONTH DEADLINE **
>
> >> You filed the trademark application identified below based upon a bona
> >> fide intention to use the mark in commerce. You must use the mark in
> >> commerce and file a Statement of Use (a.k.a. Allegation of Use) before the
> >> USPTO will register the mark. You have six (6) MONTHS from the ISSUE DATE
> >> of this Notice of Allowance (NOA) to file either a Statement of Use, or if
> >> you are not yet using the mark in commerce, a Request for Extension of Time
> >> to File a Statement of use ("Extension Request"). If you file an extension
> >> request, you must continue to file a new request every six months until the
> >> Statement of Use is filed. Applicant may file a total of five (5) extension
> >> requests. FAILURE TO FILE A REQUIRED DOCUMENT DURING THE APPROPRIATE TIME
> >> that both the "Statement of Use " and "Extension Request" have many legal
> >> requirements including fees. Therefore, we encourage use of the USPTO
> >> forms, available online at *http://www.uspto.gov/teas/index.html*(under
> >> requirements including fees. Therefore, we encourage use of the USPTO
> >> "File a PRE-registration form"), to avoid the possible omission of important
> >> information. Please note that the Trademark Electronic Application System
> >> (TEAS) provides line-by-line help instructions for completing the Extension
> >> Request or Statement of Use forms online. If you do not have access to the
> >> Internet, you may call 1-800-786-9199 to request the printed form(s).
>
> >> *The following information should be reviewed for accuracy: *
> >> information. Please note that the Trademark Electronic Application System
> >> (TEAS) provides line-by-line help instructions for completing the Extension
> >> Request or Statement of Use forms online. If you do not have access to the
> >> Internet, you may call 1-800-786-9199 to request the printed form(s).
>
>
> >> SERIAL NUMBER: 77/139082 MARK: CLOUD COMPUTING (STANDARD CHARACTER
> >> MARK)
> >> OWNER: Dell Inc.
> >> One Dell Way
> >> Round Rock , TEXAS 78682
> >> This application has the following bases, but not necessarily for all
> >> listed goods/services:
> >> Section 1(a): NO Section 1(b): YES Section 44(e): NO
>
> >> *GOODS/SERVICES BY INTERNATIONAL CLASS*
> >> SERIAL NUMBER: 77/139082 MARK: CLOUD COMPUTING (STANDARD CHARACTER
> >> MARK)
> >> OWNER: Dell Inc.
> >> One Dell Way
> >> Round Rock , TEXAS 78682
> >> This application has the following bases, but not necessarily for all
> >> listed goods/services:
> >> Section 1(a): NO Section 1(b): YES Section 44(e): NO
>
>
> >> 040 - Custom manufacture of computer hardware for use in data centers
> >> and mega-scale computing environments for others -- FIRST USE DATE: NONE; --
> >> USE IN COMMERCE DATE: NONE 042 - Design of computer hardware for use in
> >> data centers and mega-scale computing environments for others; customization
> >> of computer hardware for use in data centers and mega-scale computing
> >> environments for others; design and development of networks for use in data
> >> centers and mega-scale computing environments for others; Consulting
> >> services for data centers and mega-scale computing environments in the
> >> fields of design, selection, implementation, customization and use of
> >> computer hardware and software systems for others; Consulting services for
> >> data centers and mega-scale computing environments in the fields of design,
> >> selection, implementation, customization and use of computer hardware and
> >> software systems for others -- FIRST USE DATE: NONE; -- USE IN COMMERCE
> >> DATE: NONE
>
> >> ALL OF THE GOODS/SERVICES IN EACH CLASS ARE LISTED
>
> >> ------------------------------
> >> 040 - Custom manufacture of computer hardware for use in data centers
> >> and mega-scale computing environments for others -- FIRST USE DATE: NONE; --
> >> USE IN COMMERCE DATE: NONE 042 - Design of computer hardware for use in
> >> data centers and mega-scale computing environments for others; customization
> >> of computer hardware for use in data centers and mega-scale computing
> >> environments for others; design and development of networks for use in data
> >> centers and mega-scale computing environments for others; Consulting
> >> services for data centers and mega-scale computing environments in the
> >> fields of design, selection, implementation, customization and use of
> >> computer hardware and software systems for others; Consulting services for
> >> data centers and mega-scale computing environments in the fields of design,
> >> selection, implementation, customization and use of computer hardware and
> >> software systems for others -- FIRST USE DATE: NONE; -- USE IN COMMERCE
> >> DATE: NONE
>
> >> ALL OF THE GOODS/SERVICES IN EACH CLASS ARE LISTED
>
>
> >> *ADDITIONAL INFORMATION MAY BE PRESENT IN THE USPTO RECORDS*
> >> <http://portal.uspto.gov/external/portal/tow>
> >> Document Description: *Application*
> >> Mail / Create Date: *23-Mar-2007
>
> >> *PTO Form 1478 (Rev 9/2006) OMB No. 0651-0009 (Exp 09/30/2008) Trademark/Service
> >> Mark Application, Principal Register *Serial Number: **77139082* *Filing
> >> Date: **03/23/2007*
> >> ------------------------------
> >> The table below presents the data as entered.
> >> Input Field Entered *SERIAL NUMBER*77139082 *MARK INFORMATION* ***
> >> MARKCLOUD COMPUTING STANDARD CHARACTERS YES USPTO-GENERATED IMAGE YES LITERAL
> >> ELEMENTCLOUD COMPUTING MARK STATEMENTThe mark consists of standard
> >> characters, without claim to any particular font, style, size, or color.
> >> *APPLICANT INFORMATION* ***OWNER OF MARKDell Inc. ***STREETOne Dell Way
> >> ***CITYRound Rock ***STATE
> >> (Required for U.S. applicants)Texas ***COUNTRYUnited States ***ZIP/POSTAL
> >> CODE
> >> (Required for U.S. applicants only)78682 *LEGAL ENTITY INFORMATION* ***
> >> TYPECORPORATION ***STATE/COUNTRY OF INCORPORATION Delaware *GOODS
> >> AND/OR SERVICES SECTION* INTERNATIONAL CLASS042 DESCRIPTIONDesign of
> >> computer hardware for use in data centers and mega-scale computing
> >> environments for others; customization of computer hardware for use in data
> >> centers and mega-scale computing environments for others; design and
> >> development of networks for use in data centers and mega-scale computing
> >> environments for others; Consulting services for data centers and mega-scale
> >> computing environments in the fields of design, selection, implementation,
> >> customization and use of computer hardware and software systems for others;
> >> Consulting services for data centers and mega-scale computing environments
> >> in the fields of design, selection, implementation, customization and use of
> >> computer hardware and software systems for others. FILING BASISSECTION
> >> 1(b) *GOODS AND/OR SERVICES SECTION* INTERNATIONAL CLASS040
> >> environments for others; customization of computer hardware for use in data
> >> centers and mega-scale computing environments for others; design and
> >> development of networks for use in data centers and mega-scale computing
> >> environments for others; Consulting services for data centers and mega-scale
> >> computing environments in the fields of design, selection, implementation,
> >> customization and use of computer hardware and software systems for others;
> >> Consulting services for data centers and mega-scale computing environments
> >> in the fields of design, selection, implementation, customization and use of
> >> computer hardware and software systems for others. FILING BASISSECTION
> >> DESCRIPTIONCustom manufacture of computer hardware for use in data
> >> centers and mega-scale computing environments for others FILING BASISSECTION
> >> 1(b) *ATTORNEY INFORMATION* NAME Daniel J. Noonan FIRM NAME Dell Legal
> >> Department STREET One Dell Way INTERNAL ADDRESS RR1-33 CITY
>
> ...
>
>
> read more »- Hide quoted text -
>
> - Show quoted text -
Bob Lozano
Aug 1, 2008, 3:20:36 PM8/1/08
to cloud-c...@googlegroups.com
Using the term privately doesn't count - it has to be used "in trade". I did a search on "cloud computing 2006" and found this blog post from 8/23/06, which includes this quote from Eric Schmidt:
also found this post from November 2, 2006:
I'm sure there are others where the term is used prior to the filing date, but finding these two so easily makes me wonder how this ever made it through the TM system, and 2) don't see how it could be successfully protected. Of course, I'm just a consumer of trademarks and am not a tm / patent counsel, ....
- Bob
Schmidt embraces "an emergent new model":
It starts with the premise that the data services and architecture should be on servers. We call it cloud computing – they should be in a 'cloud' somewhere.
also found this post from November 2, 2006:
Idea #2: Get familiar with cloud computing
The days of dedicated servers are winding down. Sometime in the next 10 years, there will only be main two types of servers: those which exist as virtual servers in the cloud, and personal servers.
I'm sure there are others where the term is used prior to the filing date, but finding these two so easily makes me wonder how this ever made it through the TM system, and 2) don't see how it could be successfully protected. Of course, I'm just a consumer of trademarks and am not a tm / patent counsel, ....
- Bob
--
Bob
hopeitis.com
Derek Sedlack
Aug 1, 2008, 3:33:16 PM8/1/08
to cloud-c...@googlegroups.com
I’m not an attorney either and agree to this point that the trademark, like a patent, must be applied within one year of use of the mark publicly (or even privately). Defense, as Jesse noted, will be the test of time with any patent, trademark, or service mark.
My patents all required disclosure of data “invented” or used. Too many companies have been using the term Cloud Computing, but, from I have read, no other manufacturing companies have been designing computers just for cloud use! If Dell is selling these computers just for cloud environments they probably have a good mark for use in this field, as truly ridiculous technically as that may sound to the participants of this list.
Derek
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Sam Johnston
Aug 1, 2008, 3:33:52 PM8/1/08
to cloud-c...@googlegroups.com
Hi Harry,
Like Reuven I've been preaching about Cloud Computing since at least 2006, and since I started using the cloud I haven't spared a thought for hardware, data centers or 'hyperscale' (whatever that is). That said I am sure there are a good number of people on this list who are breaking into cold sweats right now, and with good reason as unlike patents, prior art isn't kryptonite for trademarks... if I understand well the 30 day window for objections has long since passed.
Fortunately, while the application has been allowed it hasn't (yet) proceeded to registration; for that Dell apparently still need to file a 'statement of use'. Given one has to 'use it or lose it' (indeed they already are) it's hard to imagine this is a defensive maneuver, but it's not too late for them to do something sensible.
In any case this (defending against and holding/licensing trademarks) is something a cloud computing consortium, alliance, association or whatever could take care of,
Sam
Like Reuven I've been preaching about Cloud Computing since at least 2006, and since I started using the cloud I haven't spared a thought for hardware, data centers or 'hyperscale' (whatever that is). That said I am sure there are a good number of people on this list who are breaking into cold sweats right now, and with good reason as unlike patents, prior art isn't kryptonite for trademarks... if I understand well the 30 day window for objections has long since passed.
Fortunately, while the application has been allowed it hasn't (yet) proceeded to registration; for that Dell apparently still need to file a 'statement of use'. Given one has to 'use it or lose it' (indeed they already are) it's hard to imagine this is a defensive maneuver, but it's not too late for them to do something sensible.
In any case this (defending against and holding/licensing trademarks) is something a cloud computing consortium, alliance, association or whatever could take care of,
Sam
Reuven Cohen
Aug 1, 2008, 10:52:07 PM8/1/08
to cloud-c...@googlegroups.com
Sam, looks like PCworld picked up your story,
http://www.pcworld.com/businesscenter/article/149304/dell_tries_to_trademark_cloud_computing.html
Maybe you'll get some credit next time. Nice work!
Reuven
http://www.pcworld.com/businesscenter/article/149304/dell_tries_to_trademark_cloud_computing.html
Maybe you'll get some credit next time. Nice work!
Reuven
Khazret Sapenov
Aug 1, 2008, 11:10:26 PM8/1/08
to cloud-c...@googlegroups.com
On Fri, Aug 1, 2008 at 10:52 PM, Reuven Cohen <r...@enomaly.com> wrote:
Sam, looks like PCworld picked up your story,
http://www.pcworld.com/businesscenter/article/149304/dell_tries_to_trademark_cloud_computing.html
Maybe you'll get some credit next time. Nice work!
Reuven
these "reporters" always forget to give credits
or refer to source and never bring any value to the group.
Looks like plagiarism is typical not only in high school :)
Reuven Cohen
Aug 3, 2008, 10:34:49 AM8/3/08
to cloud-c...@googlegroups.com
Looks like Slashdot & the industry standard picked up the story.
http://news.slashdot.org/article.pl?sid=08/08/02/2224217
http://www.thestandard.com/news/2008/08/01/dell-has-applied-trademark-term-cloud-computing
Reuven
http://news.slashdot.org/article.pl?sid=08/08/02/2224217
http://www.thestandard.com/news/2008/08/01/dell-has-applied-trademark-term-cloud-computing
Reuven
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