Re: [WISPA] Trademark on a color?

2009-12-10 Thread Robert West
Was that in regards to your logo?  I trademarked one of our logos a few
years ago, cost was around 300 bucks and it was all just paperwork.  From
what I gathered in that process was, I could register the trademark or logo
with the state or I could register with the U.S.  The impression that I got
was that to only register at the state level was foolish because someone
outside of the state could use the same logo.  Hence the existence of 2
Burger Kings, the first registered in, I think, Illinois.  But only at a
state level.  Then came the national chain and they had a big fight over it.
The little guy won, partly, and still operates as Burger King but the big
chain has to be so many miles away from him.

Service Marks and Trademarks are easily done, anyone else doing that?

Bob-



-Original Message-
From: wireless-boun...@wispa.org [mailto:wireless-boun...@wispa.org] On
Behalf Of Dylan Bouterse
Sent: Thursday, December 10, 2009 8:33 AM
To: WISPA General List
Subject: Re: [WISPA] Trademark on a color?

I know a trademark attorney out of silicon valley if anybody is
interested. Sorry if you want to trademark Blue. We have that. :oP

Dylan

-Original Message-
From: wireless-boun...@wispa.org [mailto:wireless-boun...@wispa.org] On
Behalf Of Jack Unger
Sent: Wednesday, December 09, 2009 10:29 PM
To: WISPA General List
Subject: Re: [WISPA] Trademark on a color?

I suggest you consult a patent and trademark attorney. I doubt that 
there are any on this list. :-(

Robert West wrote:
 I was looking through some invoices and just caught that UPS has a
trademark
 on the color Brown.  HUH? 

  

 I guess in the context of a package delivery company it would stick
but man,
 what about shades of brown?  

  

 So I was thinking, as I randomly do, if I use every primary color in
 different versions of my logo and trademark them all, wouldn't that
leave
 any other wireless company with no colors to do a darned thing with?  

  

 Just seems silly to trademark a color.

  

 Can I trademark cats?  Or smells?  Or maybe the smell of a cat?  Who
would
 want to.

  

 Bob-

  

  






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Technical Writing, Editing, and Training
Serving the Wireless, Networking, and Telecom Communities Since 1993
www.ask-wi.com  818-227-4220  jun...@ask-wi.com








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Re: [WISPA] Trademark on a color?

2009-12-10 Thread Jeff Broadwick
I really don't think you can do that.  I seem to remember that John Deere
tried it and failed. 


Regards,

Jeff


Jeff Broadwick
ImageStream
800-813-5123 x106 (US/Can)
+1 574-935-8484 x106  (Int'l)

-Original Message-
From: wireless-boun...@wispa.org [mailto:wireless-boun...@wispa.org] On
Behalf Of Dylan Bouterse
Sent: Thursday, December 10, 2009 8:33 AM
To: WISPA General List
Subject: Re: [WISPA] Trademark on a color?

I know a trademark attorney out of silicon valley if anybody is interested.
Sorry if you want to trademark Blue. We have that. :oP

Dylan

-Original Message-
From: wireless-boun...@wispa.org [mailto:wireless-boun...@wispa.org] On
Behalf Of Jack Unger
Sent: Wednesday, December 09, 2009 10:29 PM
To: WISPA General List
Subject: Re: [WISPA] Trademark on a color?

I suggest you consult a patent and trademark attorney. I doubt that there
are any on this list. :-(

Robert West wrote:
 I was looking through some invoices and just caught that UPS has a
trademark
 on the color Brown.  HUH? 

  

 I guess in the context of a package delivery company it would stick
but man,
 what about shades of brown?  

  

 So I was thinking, as I randomly do, if I use every primary color in 
 different versions of my logo and trademark them all, wouldn't that
leave
 any other wireless company with no colors to do a darned thing with?  

  

 Just seems silly to trademark a color.

  

 Can I trademark cats?  Or smells?  Or maybe the smell of a cat?  Who
would
 want to.

  

 Bob-

  

  






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--
Jack Unger - President, Ask-Wi.Com, Inc.
Technical Writing, Editing, and Training Serving the Wireless, Networking,
and Telecom Communities Since 1993 www.ask-wi.com  818-227-4220
jun...@ask-wi.com








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Re: [WISPA] Trademark on a color?

2009-12-10 Thread Robert West
Looked it up, they did.  They even trademarked the combination of yellow and
green for agricultural machines in the E.U.

So even color combinations.   I'm gonna look into that, seems like it's
something that may need to be done.



-Original Message-
From: wireless-boun...@wispa.org [mailto:wireless-boun...@wispa.org] On
Behalf Of Jeff Broadwick
Sent: Thursday, December 10, 2009 10:05 AM
To: 'WISPA General List'
Subject: Re: [WISPA] Trademark on a color?

I really don't think you can do that.  I seem to remember that John Deere
tried it and failed. 


Regards,

Jeff


Jeff Broadwick
ImageStream
800-813-5123 x106 (US/Can)
+1 574-935-8484 x106  (Int'l)

-Original Message-
From: wireless-boun...@wispa.org [mailto:wireless-boun...@wispa.org] On
Behalf Of Dylan Bouterse
Sent: Thursday, December 10, 2009 8:33 AM
To: WISPA General List
Subject: Re: [WISPA] Trademark on a color?

I know a trademark attorney out of silicon valley if anybody is interested.
Sorry if you want to trademark Blue. We have that. :oP

Dylan

-Original Message-
From: wireless-boun...@wispa.org [mailto:wireless-boun...@wispa.org] On
Behalf Of Jack Unger
Sent: Wednesday, December 09, 2009 10:29 PM
To: WISPA General List
Subject: Re: [WISPA] Trademark on a color?

I suggest you consult a patent and trademark attorney. I doubt that there
are any on this list. :-(

Robert West wrote:
 I was looking through some invoices and just caught that UPS has a
trademark
 on the color Brown.  HUH? 

  

 I guess in the context of a package delivery company it would stick
but man,
 what about shades of brown?  

  

 So I was thinking, as I randomly do, if I use every primary color in 
 different versions of my logo and trademark them all, wouldn't that
leave
 any other wireless company with no colors to do a darned thing with?  

  

 Just seems silly to trademark a color.

  

 Can I trademark cats?  Or smells?  Or maybe the smell of a cat?  Who
would
 want to.

  

 Bob-

  

  






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--
Jack Unger - President, Ask-Wi.Com, Inc.
Technical Writing, Editing, and Training Serving the Wireless, Networking,
and Telecom Communities Since 1993 www.ask-wi.com  818-227-4220
jun...@ask-wi.com








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Re: [WISPA] Trademark on a color?

2009-12-10 Thread Mike
Oh yes they did.  Try to buy John Deere green paint; you pay a 
premium.  They absolutely maintain control on marketing of the green, Deere.


At 09:05 AM 12/10/2009, you wrote:
I really don't think you can do that.  I seem to remember that John Deere
tried it and failed.


Regards,

Jeff


Jeff Broadwick
ImageStream
800-813-5123 x106 (US/Can)
+1 574-935-8484 x106  (Int'l)

-Original Message-
From: wireless-boun...@wispa.org [mailto:wireless-boun...@wispa.org] On
Behalf Of Dylan Bouterse
Sent: Thursday, December 10, 2009 8:33 AM
To: WISPA General List
Subject: Re: [WISPA] Trademark on a color?

I know a trademark attorney out of silicon valley if anybody is interested.
Sorry if you want to trademark Blue. We have that. :oP

Dylan

-Original Message-
From: wireless-boun...@wispa.org [mailto:wireless-boun...@wispa.org] On
Behalf Of Jack Unger
Sent: Wednesday, December 09, 2009 10:29 PM
To: WISPA General List
Subject: Re: [WISPA] Trademark on a color?

I suggest you consult a patent and trademark attorney. I doubt that there
are any on this list. :-(

Robert West wrote:
  I was looking through some invoices and just caught that UPS has a
trademark
  on the color Brown.  HUH?
 
 
 
  I guess in the context of a package delivery company it would stick
but man,
  what about shades of brown?
 
 
 
  So I was thinking, as I randomly do, if I use every primary color in
  different versions of my logo and trademark them all, wouldn't that
leave
  any other wireless company with no colors to do a darned thing with?
 
 
 
  Just seems silly to trademark a color.
 
 
 
  Can I trademark cats?  Or smells?  Or maybe the smell of a cat?  Who
would
  want to.
 
 
 
  Bob-
 
 
 
 
 
 
 
 


  WISPA Wants You! Join today!
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--
Jack Unger - President, Ask-Wi.Com, Inc.
Technical Writing, Editing, and Training Serving the Wireless, Networking,
and Telecom Communities Since 1993 www.ask-wi.com  818-227-4220
jun...@ask-wi.com








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Re: [WISPA] Trademark on a color?

2009-12-10 Thread eje
When it comes to trademark a color it is very strict and very limited if memory 
serves me right. 

/Eje
Sent via BlackBerry from T-Mobile

-Original Message-
From: Robert West robert.w...@just-micro.com
Date: Wed, 9 Dec 2009 22:05:51 
To: 'WISPA General List'wireless@wispa.org
Subject: Re: [WISPA] Trademark on a color?

Imagine, if you will, some nut job (me) who had too much money (not me) and
went about trade marking colors for different uses like some people squat on
domain names.  Could be a mess.  Interesting but still a mess.  I bet there
are safeguards someplace for that.  Has to be.

I want to trademark the smell of bread.  If you want to make bread that
smells like bread, you need to pay me a royalty for every loaf.  

I bet it could partially fly, or at least get me on the Howard Stern show.
(gag)



-Original Message-
From: wireless-boun...@wispa.org [mailto:wireless-boun...@wispa.org] On
Behalf Of Josh Luthman
Sent: Wednesday, December 09, 2009 9:56 PM
To: WISPA General List
Subject: Re: [WISPA] Trademark on a color?

Deere has Deere green.  Ridiculous as it seems it's true.

On 12/9/09, Robert West robert.w...@just-micro.com wrote:
 I was looking through some invoices and just caught that UPS has a
trademark
 on the color Brown.  HUH?



 I guess in the context of a package delivery company it would stick but
man,
 what about shades of brown?



 So I was thinking, as I randomly do, if I use every primary color in
 different versions of my logo and trademark them all, wouldn't that leave
 any other wireless company with no colors to do a darned thing with?



 Just seems silly to trademark a color.



 Can I trademark cats?  Or smells?  Or maybe the smell of a cat?  Who would
 want to.



 Bob-










 WISPA Wants You! Join today!
 http://signup.wispa.org/




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-- 
Josh Luthman
Office: 937-552-2340
Direct: 937-552-2343
1100 Wayne St
Suite 1337
Troy, OH 45373

The secret to creativity is knowing how to hide your sources.
--- Albert Einstein




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Re: [WISPA] Trademark on a color?

2009-12-10 Thread Blake Bowers
It is all about application.

If you paint a fleet of vehicles that brown, to do some kind of
delivery (ie, Pizza, Package, People) than yes, UPS has a
trademark on that color.

If you paint your house brown, and are not running a package
delivery company, than most likely you are NOT violating a
trademark..

http://tess2.uspto.gov/

Search Brown AND united AND parcel for 30 of their
trademarks.

http://www.schwimmerlegal.com/2005/03/diluted_brown_w.html


http://www.lahserpatent.com/blog/tm-ups-brown-gone-bad/

And John Deere has a number of trademarks on the use of Green on
implements, tractors, and toys.   Check it out on the first web link -
using john AND deere AND green

Don't take your organs to heaven,
heaven knows we need them down here!
Be an organ donor, sign your donor card today.

- Original Message - 
From: Jeff Broadwick jeffl...@comcast.net
To: 'WISPA General List' wireless@wispa.org
Sent: Thursday, December 10, 2009 9:05 AM
Subject: Re: [WISPA] Trademark on a color?


I really don't think you can do that.  I seem to remember that John Deere
 tried it and failed.


 Regards,

 Jeff


 Jeff Broadwick
 ImageStream
 800-813-5123 x106 (US/Can)
 +1 574-935-8484 x106  (Int'l)

 -Original Message-
 From: wireless-boun...@wispa.org [mailto:wireless-boun...@wispa.org] On
 Behalf Of Dylan Bouterse
 Sent: Thursday, December 10, 2009 8:33 AM
 To: WISPA General List
 Subject: Re: [WISPA] Trademark on a color?

 I know a trademark attorney out of silicon valley if anybody is 
 interested.
 Sorry if you want to trademark Blue. We have that. :oP

 Dylan

 -Original Message-
 From: wireless-boun...@wispa.org [mailto:wireless-boun...@wispa.org] On
 Behalf Of Jack Unger
 Sent: Wednesday, December 09, 2009 10:29 PM
 To: WISPA General List
 Subject: Re: [WISPA] Trademark on a color?

 I suggest you consult a patent and trademark attorney. I doubt that there
 are any on this list. :-(

 Robert West wrote:
 I was looking through some invoices and just caught that UPS has a
 trademark
 on the color Brown.  HUH?



 I guess in the context of a package delivery company it would stick
 but man,
 what about shades of brown?



 So I was thinking, as I randomly do, if I use every primary color in
 different versions of my logo and trademark them all, wouldn't that
 leave
 any other wireless company with no colors to do a darned thing with?



 Just seems silly to trademark a color.



 Can I trademark cats?  Or smells?  Or maybe the smell of a cat?  Who
 would
 want to.



 Bob-








 
 
 WISPA Wants You! Join today!
 http://signup.wispa.org/

 
 

 WISPA Wireless List: wireless@wispa.org

 Subscribe/Unsubscribe:
 http://lists.wispa.org/mailman/listinfo/wireless

 Archives: http://lists.wispa.org/pipermail/wireless/




 --
 Jack Unger - President, Ask-Wi.Com, Inc.
 Technical Writing, Editing, and Training Serving the Wireless, Networking,
 and Telecom Communities Since 1993 www.ask-wi.com  818-227-4220
 jun...@ask-wi.com






 
 
 WISPA Wants You! Join today!
 http://signup.wispa.org/
 
 

 WISPA Wireless List: wireless@wispa.org

 Subscribe/Unsubscribe:
 http://lists.wispa.org/mailman/listinfo/wireless

 Archives: http://lists.wispa.org/pipermail/wireless/


 
 
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[WISPA] Trademark on a color?

2009-12-09 Thread Robert West
I was looking through some invoices and just caught that UPS has a trademark
on the color Brown.  HUH? 

 

I guess in the context of a package delivery company it would stick but man,
what about shades of brown?  

 

So I was thinking, as I randomly do, if I use every primary color in
different versions of my logo and trademark them all, wouldn't that leave
any other wireless company with no colors to do a darned thing with?  

 

Just seems silly to trademark a color.

 

Can I trademark cats?  Or smells?  Or maybe the smell of a cat?  Who would
want to.

 

Bob-

 

 




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Re: [WISPA] Trademark on a color?

2009-12-09 Thread Josh Luthman
Deere has Deere green.  Ridiculous as it seems it's true.

On 12/9/09, Robert West robert.w...@just-micro.com wrote:
 I was looking through some invoices and just caught that UPS has a trademark
 on the color Brown.  HUH?



 I guess in the context of a package delivery company it would stick but man,
 what about shades of brown?



 So I was thinking, as I randomly do, if I use every primary color in
 different versions of my logo and trademark them all, wouldn't that leave
 any other wireless company with no colors to do a darned thing with?



 Just seems silly to trademark a color.



 Can I trademark cats?  Or smells?  Or maybe the smell of a cat?  Who would
 want to.



 Bob-







 
 WISPA Wants You! Join today!
 http://signup.wispa.org/
 

 WISPA Wireless List: wireless@wispa.org

 Subscribe/Unsubscribe:
 http://lists.wispa.org/mailman/listinfo/wireless

 Archives: http://lists.wispa.org/pipermail/wireless/



-- 
Josh Luthman
Office: 937-552-2340
Direct: 937-552-2343
1100 Wayne St
Suite 1337
Troy, OH 45373

The secret to creativity is knowing how to hide your sources.
--- Albert Einstein



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Re: [WISPA] Trademark on a color?

2009-12-09 Thread Robert West
Imagine, if you will, some nut job (me) who had too much money (not me) and
went about trade marking colors for different uses like some people squat on
domain names.  Could be a mess.  Interesting but still a mess.  I bet there
are safeguards someplace for that.  Has to be.

I want to trademark the smell of bread.  If you want to make bread that
smells like bread, you need to pay me a royalty for every loaf.  

I bet it could partially fly, or at least get me on the Howard Stern show.
(gag)



-Original Message-
From: wireless-boun...@wispa.org [mailto:wireless-boun...@wispa.org] On
Behalf Of Josh Luthman
Sent: Wednesday, December 09, 2009 9:56 PM
To: WISPA General List
Subject: Re: [WISPA] Trademark on a color?

Deere has Deere green.  Ridiculous as it seems it's true.

On 12/9/09, Robert West robert.w...@just-micro.com wrote:
 I was looking through some invoices and just caught that UPS has a
trademark
 on the color Brown.  HUH?



 I guess in the context of a package delivery company it would stick but
man,
 what about shades of brown?



 So I was thinking, as I randomly do, if I use every primary color in
 different versions of my logo and trademark them all, wouldn't that leave
 any other wireless company with no colors to do a darned thing with?



 Just seems silly to trademark a color.



 Can I trademark cats?  Or smells?  Or maybe the smell of a cat?  Who would
 want to.



 Bob-










 WISPA Wants You! Join today!
 http://signup.wispa.org/




 WISPA Wireless List: wireless@wispa.org

 Subscribe/Unsubscribe:
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-- 
Josh Luthman
Office: 937-552-2340
Direct: 937-552-2343
1100 Wayne St
Suite 1337
Troy, OH 45373

The secret to creativity is knowing how to hide your sources.
--- Albert Einstein




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Re: [WISPA] Trademark on a color?

2009-12-09 Thread Jack Unger
I suggest you consult a patent and trademark attorney. I doubt that 
there are any on this list. :-(

Robert West wrote:
 I was looking through some invoices and just caught that UPS has a trademark
 on the color Brown.  HUH? 

  

 I guess in the context of a package delivery company it would stick but man,
 what about shades of brown?  

  

 So I was thinking, as I randomly do, if I use every primary color in
 different versions of my logo and trademark them all, wouldn't that leave
 any other wireless company with no colors to do a darned thing with?  

  

 Just seems silly to trademark a color.

  

 Can I trademark cats?  Or smells?  Or maybe the smell of a cat?  Who would
 want to.

  

 Bob-

  

  



 
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-- 
Jack Unger - President, Ask-Wi.Com, Inc.
Technical Writing, Editing, and Training
Serving the Wireless, Networking, and Telecom Communities Since 1993
www.ask-wi.com  818-227-4220  jun...@ask-wi.com







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Re: [WISPA] Trademark on a color?

2009-12-09 Thread can...@believewireless.net
I used to work for UPS and it was well known the color was patented.
The main reason for the patent is that you don't want someone else
starting up YouPS and driving around in the same color brown trucks
(package cars as they are known) using the same color in their logo.



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Re: [WISPA] Trademark on a color?

2009-12-09 Thread Robert West
LOL!  YouPS. I like it.



-Original Message-
From: wireless-boun...@wispa.org [mailto:wireless-boun...@wispa.org] On
Behalf Of can...@believewireless.net
Sent: Wednesday, December 09, 2009 10:35 PM
To: WISPA General List
Subject: Re: [WISPA] Trademark on a color?

I used to work for UPS and it was well known the color was patented.
The main reason for the patent is that you don't want someone else
starting up YouPS and driving around in the same color brown trucks
(package cars as they are known) using the same color in their logo.




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