[OSM-talk] Draft Trademark Policy

Stephan Knauss osm at stephans-server.de
Mon Sep 18 09:47:04 UTC 2017


Hello Simon,

On 18.09.2017 10:17, Simon Poole wrote:
> Depending on the territory you can have rights in marks that you have
> not registered and it is probably completely undisputed that OSM is
> associated as strongly as OpenStreetMap with the project.

My main interest is whether we actually have OSM as a mark.

I assume you refer to this:
https://www.gesetze-im-internet.de/markeng/__4.html

This requires a majority of the "users" associating OSM with the 
OpenStreetMap Foundation, or maybe with the product the OSMF has which 
is our database.

I assume without a registered trademark it would be up to the OSMF to 
actually prove that they created the OSM mark by using it, right?

So wouldn't it be wise to actually register OSM to prevent any doubts on 
having that mark? Costs don't seem that high. Googling mentions 300 EUR 
for a registration.

Are we confident, the majority associates OSM with OpenStreetMap?
There was the OSMAPS@ mark a while ago. It belonged to Ordnance Survey 
Maps, which can also be abbreviated as OSM.

Can we even legally use OSM with Ordnance Survey having OSMM? 
https://euipo.europa.eu/eSearch/#details/trademarks/002782688

Wouldn't they be legally required to protect their mark by asking us to 
stop using OSM?

Where is the difference between us weakening the OSMM mark and FOSM 
weakening the OSM mark?

Stephan



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