Elisabeth Bauer wrote:
Michael Snow wrote:
- AOB
Jimbo will contact a German lawyer regarding the registration of the Wikimedia trademark in Germany, which someone else is currently attempting to register.
This is the first I've heard about this attempt. If it's not too much trouble, I would be interested to get some more information about it (off-list is fine). I might also be able to help with the communications if necessary, since I speak German, though I have no particular training in German law.
First, it's about Wikipedia, not Wikimedia. Date of application is 08.03.2004, so we missed already the 3 month period where we can object.
Raw data in German is attached, short abstract: application is filed as a word mark by Joerg Nagel, Legan promotion (http://www.legan.de), for three classes: 22, 25, 28: (long list abbreviated: f.e. textiles, toys, games, tents, sports wear, christmas decorations)
greetings, elian
UG01 - Kurzer Überblick Markentext: WIKIPEDIA Markenform: Wortmarke Inhaber: Nagel, Jörg, Reutlingen Leitklasse: 22 Klassen: 22; 25; 28 Letzter Verfahrensstand: Empfangsbescheinigung mit Veroeffentl.d.Anmeldung
UG10 - Allgemeine Angaben Markentext: WIKIPEDIA Markenform: Wortmarke Letzter Verfahrensstand: Empfangsbescheinigung mit Veroeffentl.d.Anmeldung
UG15 - Inhaber, Vertreter Name und Wohnort/Sitz des Anmelders/Inhabers der Marke: Nagel, Jörg, Reutlingen Zustellungsanschrift: Legan promotion GmbH & Co. KG Auchtertstr.4 72770 Reutlingen http://www.legan.de/legan_d.html
UG20 - Waren/Dienstleistungen (gegenwärtiger Stand) Leitklasse: 22 Klassen: 22; 25; 28 Erfassung / Umklassifizierung gemäß Nizzaer Klassifikation (NCL 8) Datum der Erfassung / Umklassifizierung: 18.03.2004
UG30 - Verfahren (Chronologie) Anmeldetag: 08.03.2004
* Klasse 22: Seile, Bindfaden, Netze, Zelte, Planen, Segel, Säcke(soweit sie nicht in anderen Klassen enthalten sind); Polsterfüllstoffe (außer aus Kautschuk oder Kunststoffen); rohe Gespinstfasern * Klasse 25: Bekleidungsstücke, Schuhwaren, Kopfbedeckungen * Klasse 28: Spiele, Spielzeug; Turn- und Sportartikel, soweit sie nicht in anderen Klassen enthalten sind; Christbaumschmuck.
Vielen Dank für die Information, elian.
Well, nothing in the classes of goods covered by this trademark application should keep us from being able to register our own trademark. So this seems to be more a minor nuisance, rather than a fraudulent registration we would *need* to get overturned promptly. I'm assuming that German trademark practices aren't that different from the US, since international agreements in the field mean that at least some basic principles should be consistent.
It still would have been nice to make a timely objection, but at least this Jörg Nagel isn't blatantly infringing our trademark. It does make it difficult if we want to distribute Wikipedia-related merchandise in Germany, though. I wonder if that's what he had in mind, and what he intends to do with the trademark. Make a profit by selling it to us, or by forcing us to use his firm's services for merchandising? I'd be a little surprised if he intends to start a Wikipedia brand of clothing on his own. Was this application triggered by some of our German publicity, I wonder? Just some random thoughts.
--Michael Snow
Michael Snow wrote:
Well, nothing in the classes of goods covered by this trademark application should keep us from being able to register our own trademark. So this seems to be more a minor nuisance, rather than a fraudulent registration we would *need* to get overturned promptly.
I agree. To register the trademark for our own "business" (online & print publications, CD-editions) is much more urgent. If someone catches these fields before us, we _really_ have a problem.
I'm assuming that German trademark practices aren't that different from the US, since international agreements in the field mean that at least some basic principles should be consistent.
It still would have been nice to make a timely objection, but at least this Jörg Nagel isn't blatantly infringing our trademark. It does make it difficult if we want to distribute Wikipedia-related merchandise in Germany, though.
A colleague of mine who is a lawyer told me that even this would not necessarily constitute a problem. We would not be allowed to found a T-Shirt company "Wikipedia sports wear", but in his opinion (why do lawyers always have "opinions") this trade mark doesn't prevent us from producing t-shirts and other merchandise with the wikipedia logo and name on it.
I wonder if that's what he had in mind, and what he intends to do with the trademark. Make a profit by selling it to us, or by forcing us to use his firm's services for merchandising?
One or the other IMO.
I'd be a little surprised if he intends to start a Wikipedia brand of clothing on his own. Was this application triggered by some of our German publicity, I wonder? Just some random thoughts.
Seems so - the application was just one week after the big media echo.
greetings, elian
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