[OSM-legal-talk] Foundation trademark

[Grant Slater]

Replies my own... not OSMF or LWG...

2009/8/7 Richard Weait <richard at weait.com>:
> I see that the European trademark # 7366859, "OpenStreetMap" is not
> owned by the Foundation.  This surprises me.  The word mark was
> refused in UK as too generic.  Did the EU overrule that judgment and
> and de-jure grant the UK trademark by granting it in EU?  What
> happened to all of that European Harmonization we heard about?  ;-)
>
> Or is this just a matter of a slipped bit at OHIM and the mark is not granted?
>

Yup it seems I slipped. It was assumed the failed "overly-descriptive"
UK trademark was directly linked to the EU Community mark. It would
now seem it is not. Applications were done via a single online wizard
type application system and it wasn't sufficiently clear. It is
surprising the mark is being accepted even after identical mark being
rejected in the UK.

Initial rejection under class 41 and transfer to class 42 likely added
to the confusion. Class 42: "Scientific and technological services and
research and design relating thereto; industrial analysis and research
services; design and development of computer hardware and software."

Steve Coast has previously agreed to transfer trademarks to OSMF so
the personal ownership is a non-issue. Only paperwork.

The more difficult question is; should the OSMF proceed with
protecting the mark or completely drop the registration? I personally
feel it would be unwise not to protect the mark.

> If it did slip through for some reason and is a valid mark, will the
> Foundation get ownership of the "OpenStreetMap" word mark?

Yes.

/ Grant