Trademark Terms
Contents
Protecting Trademarks
In order to protect a trademark, the trademark holder must consider two important aspects:
passing off: Whether someone uses the Python logo or something similar such that people could be confused by an association to Python where there isn't one.
dilution: Associating something that doesn't look exactly like the logo with Python (thereby making it harder to argue for the association between Python and our specific logo).
There is a federal US law protecting famous trademarks against dilution. The requirements for dilution under this law are minimal, but it's not clear whether our marks would be considered famous and even less so, whether the US view can be applied against cases originating outside the US.
Examples
- Someone is using something other than the Python mark to represent Python:
This isn't a problem, since the trademark is not affected.
- Someone is using the Python mark to represent something other than Python.
If the Python mark is used to market similar goods or services as the ones for which the Python mark was registered, but different from the ones the PSF markets, this is a problem.
If the Python mark is used to market different goods or services than the ones for which the Python mark was registered, this is not a problem for the trademark.
- Something related to Python uses a mark that is related to the Python mark.
This can be a problem, if the related mark causes a dilution of the Python mark.
Trademark Classes
USA
We currently have the PYTHON text mark registered in the US for these classes as mark 76044902:
IC 009. US 021 023 026 036 038. G & S: Computer programs and downloadable computer programs that implement an object-oriented computer programming language. FIRST USE: 19951013. FIRST USE IN COMMERCE: 19951013
IC 042. US 100 101. G & S: Providing information relating to an object-oriented computer programming language and its development environment. FIRST USE: 19950718. FIRST USE IN COMMERCE: 19950718
The Python logo is registered in the US as design mark 86191313.
Both the text mark and the logo are currently in preparation of being registered world-wide in a number of countries.
List of available trademark classes:
There are also WIPO and Nice trademark classes, which use more or less the same descriptions.
EU
We also have the word mark PYTHON registered in the EU as CTM 011551017 for these Nice classes:
- 9 - Computer software and computer programs; computer programs that implement an object-orientated computer programming language; electronic publications concerning computer programs, computer software and computer programming language.
- 16 - Printed publications concerning computer programs, computer software and computer programming language.
- 42 - Computer programming, design and development of computer software and computer programs; provision of information regarding computer programs, computer software and computer programming language; support services for computer programming; web programming software and web programming support services.
Other Python Trademarks
The USPTO lists quite a few other trademarks using "PYTHON":
TESS Query - You can use this to search for live PYTHON registrations (bookmarks don't work, unfortunately, since they use a session based mechanism)
There are a few cases where the same classes were registered, but for sufficiently different goods or services.
Resources
Trademark Basics - Covers trademarks vs. copyright and infringement vs. dilution.
Paper on the differences between US, UK and EU views on trademark dilution
Overview of Trademark Law - a little bit outdated, but a nice short summary.