* Aaron Wolf <wolft...@riseup.net> [2022-03-15 00:49]: > Ah found the details: > > https://opensource.org/pressreleases/certified-open-source.php > > It wasn't intentional. They had attempted to trademark "open source" and > they describe the application as "lapsed" rather than rejected, but the rest > of the posting makes it seem effectively the same.
,---- | That's not likely, for the very reason the application was permitted | to lapse. We have discovered that there is virtually no chance that | the U.S. Patent and Trademark Office would register the mark "open | source"; the mark is too descriptive. Ironically, we were partly a | victim of our own success in bringing the "open source" concept into | the mainstream. `---- And I have demonstrated in my last email with links to trademarks registered under "Open Source". Legal issues are very detailed and specific. One need to have skilled people to know how to do it. There are other issues that could prevent registration of "open source" as software, though it is not my business and I don't wish to present it here. In general I don't agree to ways how that organization plays. > Because the phrase "open source" cannot be trademarked, we must rely > on market pressure to protect the concept from abuse. The phrase CAN BE a trademark, and references from yesterday have proven it. The USPTO office does not have nicely searchable links, and my references were not functioning after I have submitted them. Here is the proof that trademark "OPEN SOURCE" can be registered: Word Mark OPEN SOURCE Goods and Services IC 013. US 002 009. G & S: Component parts for guns; Muzzle brakes that screw onto a rifle barrel; Muzzle compensators; Noise suppressors for guns Standard Characters Claimed Mark Drawing Code (4) STANDARD CHARACTER MARK Serial Number 88783917 Filing Date February 4, 2020 Current Basis 1B Original Filing Basis 1B Published for Opposition December 22, 2020 Owner (APPLICANT) PM Research, Inc. CORPORATION NEW YORK 4110 Niles Hill Road Wellsville NEW YORK 14895 Attorney of Record Bennet K. Langlotz Type of Mark TRADEMARK Register PRINCIPAL Live/Dead Indicator LIVE Here is another proof: Word Mark OPEN SOURCE Goods and Services IC 033. US 047 049. G & S: Wine. FIRST USE: 20180610. FIRST USE IN COMMERCE: 20180610 Standard Characters Claimed Mark Drawing Code (4) STANDARD CHARACTER MARK Serial Number 87797142 Filing Date February 14, 2018 Current Basis 1A Original Filing Basis 1B Published for Opposition July 3, 2018 Registration Number 5667492 Registration Date January 29, 2019 Owner (REGISTRANT) The Winemakers Co-Op Inc. CORPORATION NEW JERSEY 9 Rocktown Road Ringoes NEW JERSEY 08551 Attorney of Record David M. Perry Type of Mark TRADEMARK Register PRINCIPAL Live/Dead Indicator LIVE Trademark may be same though registered for different groups of goods or services, in this case we have "wine" and "Component parts for guns". You can freely use "open source" or say "open source software", as it does not make any problems to wine neither guns. And free software movement is not about open source: Open https://www.gnu.org/philosophy/words-to-avoid.html#Open LibrePlanet adopted the policy not to use "Open" for free software. How we express ourselves is important. See: https://libreplanet.org/wiki/LibrePlanet:About/Code_of_Conduct Advocate Freedom. The free software movement is first and foremost a social movement, so please be sure to have read our critical documents and understand our core philosophy. In accordance with 1-3, please do not be aggressive toward others who may not immediately share the same views. If we are not encouraging and respectful, we can't hope to gain their support. Frame issues and arguments in a way which is conducive to changing minds, not alienating visitors. People are unlikely to listen if they feel in any way like they're being attacked. They are much more receptive to ideas which are presented in a positive and constructive way. Being respectful doesn't mean sacrificing our core ideals; we should always frame the issues we work on in terms of those ideals. That means using language that foregrounds freedom, like referring to the operating system we promote as "GNU/Linux", talking about free software rather than open source, and encouraging people to try distributions that are fully committed to freedom. -- Jean Take action in Free Software Foundation campaigns: https://www.fsf.org/campaigns In support of Richard M. Stallman https://stallmansupport.org/ _______________________________________________ libreplanet-discuss mailing list libreplanet-discuss@libreplanet.org https://lists.libreplanet.org/mailman/listinfo/libreplanet-discuss