GPE trademark rejected March 28, 2008
Posted by Florian in GPE, LinuxToGo, Source.trackback
Some weeks ago the USPTO rejected the GPE trademark again – finally!
This is great news for the GPE project which really suffered from this situation. The latest entries in the ‘prosecution history’ look nice:
2008-02-27 – Notification Of Final Refusal Emailed
2008-02-27 – Final refusal e-mailed
2008-02-27 – Final Refusal Written
The complete attempt by Mr. France to register GPE as his personal trademark is publicly available at the USPTO website. Some background information can be found in this article. The handhelds.org website still claims several trademarks, but the related project become more and more obsolete. The hh.o bootloader is used for ancient hardware only or replaced by U-Boot and ipkg gets replaced by the much better maintained OPKG. Its a little bit sad that the Opie projects are not that active any more though…
Yay!
Good!
Great news. Unfortunately the Opie trademark was not rejected:
http://tarr.uspto.gov/servlet/tarr?regser=serial&entry=77123610
The time to fight this is very soon – people with some ground to stand on in this matter should get ready to speak up when the application is published for opposition.
The Opie trademark is still ongoing, “Current Status: Final review prior to publication has been completed, application will be published for opposition.”
Finally!
Does any of hh.org projects is still running? Familiar died, Linux-hh fork is still 2.6.21…
[...] Ci sono le prime novita’ riguardo la disputa tra Handhelds.org e LinuxToGo: nel blog di Florian Boor ci viene segnalato che l’ USPTO ha rigettato la richiesta, formulata da parte di Handelds.org, di trademark sul nome GPE. [...]
[...] Uma vitória do projeto GPE na sua batalha contra o mantenedor do Handhelds.org: a trademark GPE, pedida pela Handhelds.org, foi rejeitada. [...]
Congratulations from me and the freenode team :) Let’s hope this helps clarify the situation for other trademark registrations, as well.
Check this out:
http://tinyurl.com/2eygjb
“Mr France originated the marks in 2001 and 2002…” – he originated the GPE and Opie trademarks now?
Thanks for all the feedback! Just a few remarks to some comments:
3+4: Yes, it seems that he had more luck with the Opie trademark unfortuately. It would be good to get to know when it is published and how people can help fighting it then.
5: hh.o in general is dead – a part of the wiki is static and even the most important projects there (including ipkg) are dead. Only the kernel port and Linux device support sections in the wiki are still active. I hope the mobile-linux project can replace this some day.
9: The whole text is really unreasonable and simply wrong. Apart from these examples e.g. the domain was owned by Kelly Martin till a few years ago and not registered by G.F. in 1999
Update: The USPTO website mentiones both the IPKG and the OPIE trademark as published for opposition – so what can we do?
Some info:
http://www.houstoninternetlaw.com/trademark/trademark-opposition.html
The period is 30 days, so if it has indeed already been published, there is not much time left.
FYI, the Opie and ipkg trademarks have now officially been published (as of 2008-04-02).
GPE has been officially published for opposition as of 2008-06-03. ;(
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