F*%@!! The trademark didn’t go through!
Well, we promised Bare Naked App would be a warts-and-all blog, so why stop now?
We just got the letter through about our trademark application and it didn’t get approved. Argh. Argh. Arrrrrgh.
So what does this mean? Well, we’ve set up a meeting to appeal the decision and try to convince them our trademark isn’t like the others. It’s so frustrating as Amigo is nothing like the other trademarks. It’s crazy - there is one category for “computer software”. What?!
Gotta keep reminding myself: “If it was easy, everyone would do it.”
By the way, if there are any good trademark lawyers reading this, please get in touch. We might need your help.
Can anyone else ‘feel’ Ryan’s frustration?
Comment by Gill — August 7, 2006 @ 5:09 pm
I feel for you, it can be tough getting TM applications approved, and even if you do there is still the possibility that someone will appeal against it.
I always recommend going for the ‘Search and Advisory Service’ beforehand, though unfortunately the £97 is not discounted from the final application bill.
Good luck with the case.
Comment by Michael Grinstead — August 7, 2006 @ 6:40 pm
What a shame, good luck with the meeting guys!
Comment by James Deer — August 7, 2006 @ 7:27 pm
Ouch! Have you thought about registering the trademark in another country?
Comment by Jean-Marc — August 7, 2006 @ 8:33 pm
Man, that’s a tough break! Hope you can sort it out.
Comment by John Topley — August 7, 2006 @ 8:38 pm
Hi Guys,
I’m having a similar problem with my trademark registration (USA). At first I was a little alarmed, but once I read the reasons why they rejected my registration I realized that they just needed clarification on a few points. I’ve since sent in my appeal, and waiting for a response.
Don’t get to upset. Read over what they don’t like about your mark and provide them with further clarification. You have the ability to appeal, so do it.
Good luck!
Comment by Michael Sica — August 7, 2006 @ 10:53 pm
Whats the big deal if it didn’t get approved? I mean, you can still go ahead and launch the site, can’t you?
Comment by Ali — August 8, 2006 @ 2:24 am
Ryan, I have to say, I’m not surprised. We had ours turned down. I’m gonna try it again but must push on with the project.
By the way, on what grounds did they refuse it? Did you bother getting a pre-appraisal? I think it’s 85 squid but may be worth it.
I’m am surprised, however, that you haven’t been contacted by IP lawyers already. Your trademark application is public and they trawl through the new applications and fire off letters to you offering their ’services’.
Comment by satin stain — August 8, 2006 @ 5:53 am
We had the same problem last year while registering our trademark in our country. Then we decided to register it in United States and everything went fine ;)
As Jean-Marc suggested, try registering in United States.
Comment by White — August 8, 2006 @ 7:08 am
Thanks for the support everyone. I’m sure we’ll figure it out! :)
Comment by Ryan Carson — August 8, 2006 @ 8:17 am
I too would like to know on what grounds they rejected it.
Was it the logo itself or the name?
Comment by jazzle — August 8, 2006 @ 8:40 am
It was because there are other companies using the same name in the same categories as us. All of the other companies are telecoms or nautical systems suppliers so we thought it would be okay but as they all come under the same category (computer software) then it seems to be unacceptable.
There is still a glimmer of hope for Amigo (the trademark), so fingers crossed.
Comment by Gill — August 8, 2006 @ 10:24 am
Although Amigo is a nice name, why not think of something more original?
Comment by James Deer — August 8, 2006 @ 1:31 pm
…interesting suggestion.
Anyone got any ideas? Preferably something with five letters that will look good with blue… anyone?
Comment by Gillian Carson — August 8, 2006 @ 3:27 pm
Ryan,
I know a top notch IP / trademark lawyer who would be happy to have a quick chat with you if you like…
Phil
Comment by Philip Wilkinson — August 8, 2006 @ 3:46 pm
Use the name “ogima” ;-)
Comment by stockfish — August 8, 2006 @ 5:31 pm
How about Anigo or Agimo?
Comment by Ali — August 8, 2006 @ 7:55 pm
I believe Amigo was the name Rogers Wireless in Canada used for their Pay as you go cellular service. Actually back then I think they were called Cantel.
I was wondering where I heard the name before.
Comment by Sheldon Kotyk — August 8, 2006 @ 8:32 pm
And now that I think more about it… their logo actually looks a little like what you did. Sorry guys, you may have more than a little trouble with this one.
http://findarticles.com/p/articles/mi_m3457/is_n25_v12/ai_15482764
Comment by Sheldon Kotyk — August 8, 2006 @ 8:34 pm
If you guys care what their logo looked like, here it is.
http://www.kotyk.com/images/amigo.gif
Note: I said it looks a little like what you did, not identicle or anything.
Comment by Sheldon Kotyk — August 8, 2006 @ 9:22 pm
Okay, the only thing similar with that logo is.. well, the word “amigo.” And that’s Canada, not UK
Comment by Colin — August 9, 2006 @ 2:23 am
And if you wanna stick the Mexican friend thing, there’s always..
compadre
hermano
hombre
esé
Comment by Colin — August 10, 2006 @ 1:33 am
Well, since Rogers Wireless and Carson Systems are in two *completely* different industries, I don’t think that would be a conflict.
I think the problem is that there are computer software companies using the trademark “Amigo.” It may be in a different specialization, but its still close enough to cause problems.
Comment by Brandon — August 10, 2006 @ 9:30 am
Amigos? After all your are dealing With multiple publishers and advertisers …
Comment by stef — August 10, 2006 @ 2:13 pm
TM applications in this country can be difficult. However, your appeal meeting is a good opportunity to persuade them. However, even if it does go through to being advertised you still have the problem that an existing TM holder could object.
The other avenue to consider is a EU / Community Trademark (CTM). They cost more and take longer, but they can be less strict than the UK tm procedure.
The important issue is the filing date, as long as it is accepted in the end your protection effectively starts from the filing date, as you have priority over later applications.
The other way to look at it is the name. It is obvious and is used by other companies for unrelated products.
How about a new name which tells customers what the service does or an abbreviation of a core aspect of the service?
How about having a competition - enough creative people read this blog (me excluded) !
The competition could be another way to raise pre-launch awareness.
We came up with a name (Dexmo) for a new site we are launching (hopefully soon). It took ages and we checked domain names, did TM searches, checked company names and googled it to make sure we could secure all the rights in one go.
We got a letter from the UK TM people today to say our name can go through to the advertising stage. But, that was after they objected to some of the descriptions we put in the Classes. But, a phone call sorted it out.
OK this may be crap - forgive me:
“newzletta”
“letteradz”
“letterads”
A sort of “z” thing going on instead of the “r” from flickr.
Comment by Patrick — August 10, 2006 @ 2:19 pm
Are you being forced to apply in the “software” category?
The software you are developing “enables” and is a key competitive advantage but the real service you are offering is connecting publishers and advertisers, which seems to be more in the publishing industry.
Is there not another category you could subit into?
Comment by Clayton Scott — August 10, 2006 @ 5:00 pm
If you’re seriously looking into a name change the word “omega” has some interesting definitions
http://www.google.com/search?q=define%3A+omega
And (this may have unfortunate consequences in the TM application) looks like amigo
Clayton
Comment by Clayton Scott — August 10, 2006 @ 5:05 pm
I’ve been thinking about a name that could go well with both your current logo and give a hint about what your application does. How about paydirt. Hopefully it doesn’t have a negative connotaction in Britain but I was thinking that your product is all about setting up a ‘win win’ situation for your advertisers and the newsletter people (sorry for going Tony Robbins on you). paydirt also can be associated with newsletters, albeit a possibly negative connotation.
There are several url names that are available that are like heyamigo.
Just my thoughts. Thank you for a wonderful website.
Comment by Kevin — August 10, 2006 @ 10:46 pm
“Anyone got any ideas? Preferably something with five letters that will look good with blue… anyone?”
SMURF - just kidding. I am beginning this process myself, and am glad to witness the conversation. Thanks everyone!
Comment by Chris — August 11, 2006 @ 5:52 am