Gmail Under Trademark Dispute

[seasons]

fbform writes "As reported by this article on InternetNews, when news
about Google's IPO broke on March 31, 2004, some companies (Cencourse,
Precision Research and ProNet Analytics) made a beeline for the USPTO
to get Gmail trademarked in their name, as Google's IPO prospectus said
that its unregistered trademarks included Gmail. Google itself was
fourth in line, and it was followed by the Gospel Music Association.
This might be a very sticky issue because USPTO Trademark Administrator
Sharon Marsh says 'The application process is first come, first served.
Applications are processed as they're received, and the person second
in line will get a refusal of registration from our examiner.' All of
which means that between Google's delay in applying for the trademark,
the other organizations' attempt at what can only be called
cybersquatting, and the USPTO's bureaucracy, Google could well be
denied the use of Gmail as a trademark."

----------------

Ok. Now what is wrong with this case? The fact is that the 4 companies
went to the trademark office AFTER they heard of google's announcement.

Here are a few sensible comments.

http://slashdot.org/comments.pl?sid=117974&cid=9967024

http://slashdot.org/comments.pl?sid=117974&cid=9967047

http://slashdot.org/comments.pl?sid=117974&cid=9967055

http://slashdot.org/comments.pl?sid=117974&cid=9967073
http://slashdot.org/comments.pl?sid=117974&cid=9967078

[Glenn Willen]

I have difficulty believing that a registered trademark has priority
over an unregistered trademark that was ALREADY IN USE first. But
that's sure the impression I get from the story...

[Fireball]

I agree. Those that are using a mark for service or commerce first
should have first dibs on it. First come, first serve should not be
the case and I consider it a bad business model where trademarks are
concered. I have my own ideas about it, of course I'm just a peon, so
no one's gonna listen to me....

--

"I love my Gmail account!" -- Fireball

[Edge {TX}]

Do you think the service would go away or just have to change it's
name. gmail.com is alot catchier than googlemail.com or
users.google.com

It's too bad that people are only out to get a buck. It makes great
services like this turn to crap or make it start charging for better
services instead of giving them away for free. I wouldn't be surprised
if gmail (or googlemail) started charging for POP access and forwarding
after this lawsuit finished.

Damn the man.