Posted By Rich Miller On August 17, 2008 @ 9:13 pm In Cloud Computing | No Comments
The US Patent and Trademark Office has denied Dell’s request to trademark the term “cloud computing,” according to Sam Johnston , who has been closely tracking the Dell application process (link via The Wisdom of Clouds ). Johnston says the USPTO has issued a “non-final action” that denies the application, ruling that the term cloud computing is “a descriptive term of art in the relevant industry” and also “generic in connection with the identified services and, therefore, incapable of functioning as a source-identifier for applicant’s services.” Dell has the option of filing a response to submit arguments to dispute the USPTO examiner’s findings. See the case file here  and the Aug. 12 document “Offc Action Outgoing.”
Dell’s move to trademark cloud computing  created a storm of controversy when it became public. One reason for Dell to seek a trademark application is the fact that the company owns the domain cloudcomputing.com, which was registered on Feb. 28, 2007. The ICANN process for resolving domain name disputes has historically favored trademark holders. For additional background, see coverage from The Industry Standard , Cnet  and Slashdot .
Article printed from Data Center Knowledge: http://www.datacenterknowledge.com
URL to article: http://www.datacenterknowledge.com/archives/2008/08/17/dell-loses-bid-to-trademark-cloud-computing-2/
URLs in this post:
 Sam Johnston: http://samj.net/2008/08/dell-denied-cloud-computing-both.html
 The Wisdom of Clouds: http://blog.jamesurquhart.com/2008/08/cloud-computing-set-free-dell.html
 here: http://tmportal.uspto.gov/external/portal/tow?SRCH=Y&isSubmitted=true&details=&SELECT=US+Serial+No&TEXT=77139082#
 trademark cloud computing: http://www.datacenterknowledge.com/archives/2008/Aug/04/dell_seeks_trademark_for_cloud_computing.html
 The Industry Standard: http://www.thestandard.com/news/2008/08/01/dell-has-applied-trademark-term-cloud-computing
 Cnet: http://news.cnet.com/8301-13578_3-10011577-38.html?part=rss&subj=news
 Slashdot: http://news.slashdot.org/article.pl?sid=08/08/02/2224217
 Rich Miller: http://www.datacenterknowledge.com/archives/author/richm/
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