(R) TM and the likes

sorex

Expert
Licensed User
Hello,

I named my binary puzzle game like the one that appeared in the belgian newspaper that I get each day.

Binairo.

The guy behind that company that sells puzzles to the newspaper sent me a mail today claiming that he owns the Binairo word and that I should take actions before the end of the month or legal action would be taken. :)

As I predicted this might happen I looked up the registered name a few months ago.

As I'm not a legal expert but know some english it still appears to me that they don't have anything to claim.

As you can see below this is only valid for printed puzzles (puzzle books, newspapers etc) and non-downloadable versions (online website versions?).

Since the app is downloaded to the phone/tablet the stuff is not applicable, right?



IC 016. US 002 005 022 023 029 037 038 050. G & S: Books and printed periodicals in the field of games and puzzles

IC 041. US 100 101 107. G & S: Publication of books and magazines in the field of puzzles and mind games; written text editing of books and magazines in the field of puzzles and mind games; entertainment services, namely, providing online, non-downloadable electronic games and puzzles
 
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sorex

Expert
Licensed User
apparently they also own a european and benelux word mark which includes electronic devices

  • Apparatus for recording, transmission or reproduction of sound or images; magnetic data carriers, recording discs; computers and computer programs; games and puzzles, downloadable via the internet and wireless devices.
  • 16 Paper, cardboard and goods made from these materials, not included in other classes; printed matter; books and periodicals in the field of games and puzzles.
  • 28 Games and playthings.
  • 41 Publication, editing and distribution, also by electronic means, of books, papers and magazines in the field of puzzles and mind games; online, non-downloadable games and puzzles; entertainment; education.
so in theory I can publish it as Binairo to non european countries and rename it for europe?
 

An Schi

Well-Known Member
Licensed User
I for myself would try to avoid all possible legal fights and rename it. It's nice from them to send you a personal mail before sending a lawyer or a penalty.
 

An Schi

Well-Known Member
Licensed User
Nice? They just want to avoid legal fees and the risk of losing the lawsuit ;).

In germany it is usual to send a letter with a fee of some hundred euros penalty and a form in which you promise to never do that again as first step.
That's what i meant by saying it is nice that they wrote a personal mail first.
 

LucaMs

Expert
Licensed User
In germany it is usual to send a letter with a fee of some hundred euros penalty and a form in which you promise to never do that again as first step.
That's what i meant by saying it is nice that they wrote a personal mail first.
Excellent custom. Now I send a letter of this kind to all Germans :)
 

sorex

Expert
Licensed User
Binairo comes from the dutch translation of binary which is binaire that's why it sounded strange for english people.

BinarIO or BinarIOs should be safe I guess.
 

sorex

Expert
Licensed User
changed the app and notified the person.

first it was ok, now he writes his trademark/brand bureau is nagging about it.

"This name change is not enough. An owner may, on the basis of a trade mark forbid third parties to use a sign which is identical or similar to the trade mark where it relates to identical or similar products, and where there is a risk of confusion."

seems that it ain't solved by just swapping some letters even when the pronounciation is totally different.
 

sorex

Expert
Licensed User
Are you sure he works for that company?

yeah.

so a good hint for everyone...

if you have a game and an idea for a name do a search on the sites below
and if a record shows up see if it included software, downloadable games, games on non-tv devices and others weird descriptions that might match mobile game apps.

if it is there you better think about another name to avoid possible missery.

EU > https://euipo.europa.eu/eSearch/
US > http://tmsearch.uspto.gov/bin/gate.exe?f=searchss&state=4806:ni26l.1.1
 

sorex

Expert
Licensed User
That company is in my own country so it's easier to file a complaint and I don't feel like wasting money on a lawyer when it ends in court.

Better safe than sorry.
 

Beja

Expert
Licensed User
At least in U.S. it's not necessary to register trade mark to be protected.. Common Law prorects you if you USE the mark in real products known to the public.. Only the protection procedure and legal process in courts will be easier if registered.
 
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