APL license - What about the enforced logos?

John Cowan cowan at ccil.org
Wed Nov 29 23:38:03 UTC 2006

Rick Moen scripsit:

> More specifically, there was application to USPTO for Federal
> _registration_ of such a trademark (technically, service mark), which
> was declined because (I gather) the mark was deemed not distinctive
> enough, and was deemed "merely descriptive", which is bad, as opposed to
> "suggestive", which is good.[1]  (That is why commercial goods tend to
> get slightly misshapen names like "Glue Stic", plus distinctive trade
> dress, etc.)

Your bitlaw reference indeed mentions Windows (though not authoritatively)
as a descriptive mark, which can be registered only if it has acquired
a secondary meaning; other examples are Sharp, Digital, and International
Business Machines.  All of these plainly have implications beyond
the plain meaning of the words.

If OSI wanted to reapply, they might perhaps be able to show
that "Open Source" is sufficiently associated with OSI nowadays,
perhaps by ordering a customer survey.

> [1] More at:  http://www.bitlaw.com/trademark/degrees.html

You are a child of the universe no less         John Cowan
than the trees and all other acyclic            http://www.ccil.org/~cowan
graphs; you have a right to be here.            cowan at ccil.org
  --DeXiderata by Sean McGrath

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