Instagram trademark application for “GRAM” | Hacker News Reader

Instagram trademark application for “GRAM”

euipo.europa.eu

58 pointsmmastrac51 comments

FWIW: Trademarks are restricted to classes.

Both the US and Europe have classification schemes.

The overall NICE class on this is 9: http://web2.wipo.int/classifications/nice/nicepub/en/fr/edit...

If someone feels like signing up and downloading the application, it should list any subclasses.

In the US, you can see instagram's "gram" related trademarks by searching for "( (GRAM)[COMB])[ALL] and (instagram)[ALL]"

in TESS at http://tmsearch.uspto.gov (i can't deep link it because, you know, probably a 1970's mainframe system ported to the web and all that).

If you click on each one, you'll see the good and services categories are different (you can also look and see some are word marks and some are stylized marks)

> i can't deep link it because, you know, probably a 1970's mainframe system ported to the web and all that

I think it has to do with the length of the query (longer ones go to POST). For example searching for GRAM gives this linkable URL: http://tmsearch.uspto.gov/bin/showfield?f=toc&state=4809%3Aq...

Nope, it's not really linkable. If you try it, it will say "This search session has expired. Please start a search session again by clicking on the TRADEMARK icon, if you wish to continue."

They include the session tokens in the URL, instead of reperforming the search as a new user or something.

We probably shouldn't allow common words to be individually trademarked, let alone SI units.

alphabet is another one... this is ridiculous

Technology company named alphabet seems reasonably specific in my opinion. It's not like the Alphabet Farm is going to get shut down or you'll need to start writing "The Alphabet(tm) Song"

Alphabet is one common English word... how can that be specific?

Because the trademark is for a specific category - there was already a company named Alphabet (with that trademark) owned by BMW and that didn't pose an issue to Google. You could start an alphabet plumbing or something. It's not like they own the word.

So, do they own the word Google? Can you use that name in other categories? Google plumbing?

Google being a made up word is probably copyright and trademarked... and probably could be more broadly enforced.

You cannot copyright a singular word, even a made up one, and sue anyone who says it the universe doesn't work like this.

Are you saying that Alphabet invest in only one category?

Having or not having a trademark for a category has nothing at all to do with where they can invest.

That horse left the barn when Microsoft trademarked "Windows". Likely before.

In the US at least, I believe trademarks are scoped to a certain industry or something like that. So Microsoft would only have claim to operating systems named Windows, not the word itself in all contexts. Which might still be a bit broad, but not as crazy as it may sound at first.

something like that, yeah.

https://en.wikipedia.org/wiki/Apple_Corps_v_Apple_Computer

though, in your example, i'd have to wager the Windows trademark extends way further than just "operating systems". "computing" at large seems more likely.

Went down a rabbit hole and ended up with Guy Goma's famous BBC interview on the verdict of Apple Corp vs Apple Computer

https://en.wikipedia.org/wiki/Guy_Goma

https://vimeo.com/108900641

This is true everywhere.

In fact, this app is for "Downloadable computer software for modifying and enabling transmission of images, audio-visual and video content; downloadable computer software for viewing and interacting with a feed of images, audio-visual and video content and associated text and data; computer software for social networking. "

The third category is especially problematic, but all of these have common words that end in -gram or -graph.

Hmm, this app sounds like a browser to me.

Though this isn't necessarily true if the trademark was originally a made-up word. You couldn't open a burger restaurant called "Microsoft Burgers" and expect to get away with it because Microsoft isn't in the restaurant business.

You actually very well could why do you think you couldn't?

Right, but at least "Windows" was somewhat unique in the area of computer operating systems.

The word "gram" is much less unique in the areas of communication and delivery. After all, it's derived from telegram. Instagram is not only something-gram communication service. (And it's not the only insta-something either)

Speaking of telegram: https://telegram.org/ Wonder what the makers of that one think about this trademark application....

Not really windows the concept was a thing prior to windows tm. Windows 1.0 came out in 85. X windows predecessor W windows came out in 83 and the Xerox Alto was released in the 70s.

This is why windows is a nonsense trademark even in reference to computer software but Microsoft Windows is reasonable.

For a previous exploration of this issue see the Lindows linux distro legal fight which Microsoft lost.

I recall the proper name for X being "X Window System" with "X Windows" being merely slang. I remember early 90s Unix books being quite pedantic on that point. Is that right or is my memory faulty on that one?

Good point on the Lindows overreach.

The Moneygram people should file an objection. There are lots of US "Gram" trademarks.

Apparently founded in 1940: https://en.wikipedia.org/wiki/MoneyGram

They should. The unlimited pockets of Travelers Express against the unlimited pockets of Facebook. Everyone is a winner, especially the lawyers!

Maybe Kodak should take the "Insta" back from instamatic.

gram - is a metric system unit of mass, can they trademark it?

https://en.wikipedia.org/wiki/Gram

Tesla is a unit of magnetic field strength. Hertz is a unit of frequency. Siemens is a measure of electric conductance. Try to find an SI unit that isn't also a company or product.

Trademarks aren't about owning a word, only about having exclusive use of it within a certain domain. If Instagram is successful, you will still be allowed to use the SI unit to quantify mass. You won't be able to market a competing product or service with the same name.