Amiga Inc lost the trademark to "Amiga" on January 3rd, 2003

[FarQuad]

It would seem that Amiga doesn't even own the trademark to "Amiga" any more... According to the USPTO, they haven't owned the trademark since January 3rd, 2003..

Thanks to the pointer on ANN, and direct from the Patents and Trademark Office of the USA at the following URL (Type in Amiga):

http://tess2.uspto.gov/bin/gate.exe?f=searchss&state=7feq3f.1.1

----------------

Word Mark AMIGA

Goods and Services (ABANDONED) IC 009. US 021 023 026 036 038. G & S: computer software used to facilitate development of software applications that can run on multiple platforms and other electronic devices; operating system software for personal computers and other electronic devices

Mark Drawing Code (1) TYPED DRAWING

Serial Number 76096557

Filing Date July 11, 2000

Filed ITU FILED AS ITU

Published for Opposition April 9, 2002

Owner (APPLICANT) Amiga, Inc. CORPORATION WASHINGTON 34935 SE Douglas Street, Suite 210 Snoqualmie WASHINGTON 98065

Attorney of Record P. Weston Musselman

Prior Registrations 2319266;2369059

Type of Mark TRADEMARK

Register PRINCIPAL

Live/Dead Indicator DEAD

Abandonment Date January 3, 2003

[MarkTime]

The word Amiga is simply a generic name referring to any alternative powerPC computer or OS capable of running a set of programs, which I will recursively refer to as Amiga programs.

It does not refer to the products of any specific company for sometime now, as examples I give, MorphOS, AROS, and Amiga OS 4.

So, now that Amiga, Inc. has let this lapse, it cannot legitimately trademarked by anyone in the United States, as it is a generic term.

[Wilse]

Does this mean anyone can pick it up?  :-?

-edit-

forget it - MarkTime's post covers my question.

[DaveP]

@MarkTime

Please do not just make things up.

IIRC Amiga Inc had ownership of the trademark passed to them ( or licensed ) from the prime owner of that subsiduary company that owns the LIVE trademark also in that article.

The records for ownership could just be not up to date. Either way Gateway owns ( according to that database ) the company that owns the LIVE trademark.

[MarkTime]

yes and no.

I would think anyone can try, and with the patent office having a reputation for being stupid, it's hard to say what they would do...however, ultimately it would be up to a judge to decide if the patent office was correct or acted in error.

I suggest above, no one can *legitimately* pick it up.
However, that doesn't mean someone can't pick it up.

[MarkTime]

I didn't make anytihng up DaveP.

If the name Xerox had lapsed into general use
and became the generic term for making a photocopy, than Xerox corporation would lose the word mark on the term 'Xerox'

that is just law.  

Gateway, if they want to protect their wordmark Amiga, would have to do so.

I am making nothing up.  I used examples.
The term has gone into generic use, and
Gateway has let it lapse.

[DaveP]

@MarkTime

You just made up that it stood for a generic PPC computer.

PS: http://tess2.uspto.gov/bin/showfield?f=doc&state=t1kabp.2.10

[huronking]

I'll bet their auction is for paying P. Weston Musselman...


 :-D  :-D  :-D

[DaveP]

It seems that transfer of trademarks does not get reflected in the database, I guess that must be a matter of contractual rights on a company purchase?

Anyone with a knowledge of company law on here?

Amiga is a word in the spanish dictionary.  Quite how they managed to trademark it in the first place is beyond me.

[xisp]

computer software used to facilitate
 development of software applications that can run
 on multiple platforms and other electronic devices;
operating system software for personal computers
and other electronic devices

IMHO It seems to refer to two things, the first one
being AmigaDE SDK or AmigaDE API and the
second one to AmigaDE itself.

if some kind, entitled, person can answer the next
question please feel free to do it:

Does the above text mean that trademark "Amiga"
 for those two particular products has expired?

[MarkTime]

*edit*

I'm leaving this conversation...smiles

I think I could some salient points, but I don't want
to discuss it....sorry for the change of heart.

-previous comments removed-

the reason is, as I look into it further its a big quagmire...many groups have chosen to attempt
to protect the word 'amiga' as a trademark in
relationship to computers, but they suggest
amiga, inc. owns it, not gateway.

I don't care who owns it, and I know we will
continue to use the word indefinately, and we
all know what it means without confusion.

So, I don't want to be part of a flame fest for no
reason this morning.

see ya's.

[Linchpin]

umm just to add.

Amiga means Friend in spanish :-)

:ak47:

[Alkemyst]

by mdma on 2003/6/4 15:15:25

Amiga is a word in the spanish dictionary. Quite how they managed to trademark it in the first place is beyond me.

Easy as you can use almost any name you like. from the dictionary when you tie it to a product & make it a brand name.

Made up names are alot harder be used by anyone even in differents fields with out permition from the name holder in most cases. it depends on the strength of the brand.

There is even a Hotel called AMIGA as long as what your making is in a different field to what the other name holders are doing you can use & register the name.

[bbrv]

FYI...

:-D (click on the smiley, silly!)

See post #4... :-o

R&B   :-)