HomeAdd Ons Patent office puts hold on 'Cloud Computing' Trademark
Patent office puts hold on 'Cloud Computing' Trademark ByScott Ferguson 2008-08-13
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In the race to build out the cloud infrastructure and utility computing, Dell attempted to trademark the term cloud computing. But now Dell's application with the U.S. Patent and Trademark Office is on hold pending a review. When it comes to the cloud and utility computing, Dell, IBM, HP, Yahoo, Google and Amazon.com are all competing for dominance.
Dell had originally applied to trademark the phrase "cloud
computing" in March 2007. The process had been ongoing for about 18
months; the trademark office published Dell's application in March and
the notice of allowance followed in July. The issue went unnoticed
until earlier the week of Aug. 4 when several blogs and articles noted
Dell's application.
Jess Blackburn, a Dell spokesperson, issued a statement saying Dell
was aware of the latest decision by the U.S. Patent and Trademark
Office, but would have no further comment at this time.
The concept of cloud computing has potential for enterprise
companies and those businesses involved in Web 2.0 commerce. While a
good working model of the cloud is years away, the concept is to make
large-scale computing more efficient by allowing an enterprise to
offload some or all of its IT infrastructure to a hosting provider and
then allowing it to draw on applications and computing on demand
through the Internet.
It was not clear if Dell would have stopped other vendors from using
the term cloud computing or wanted to use the name with its own set of
services and products.
Now, it's not clear whether Dell will be able to trademark the name.
Cynthia Lynch, an administrator for trademark policy and procedure
at the U.S. Patent and Trademark Office, said it was unusual but not
unheard of for the office to issue a notice of allowance and then
cancel the allowance.
While Lynch said she could not discuss the specifics of any
trademark application, she said in general that a notice of allowance
would allow a company to register a trademark as its own and give the
company a legal framework to protect the name.
In a case where the notice had been cancelled, Lynch said a staff
attorney at her office would review the application, identify the
problems with using the trademark name and then ask the company to
respond to those concerns.
"It's certainly our goal to raise problems or issues prior to the
[trademark] being published and a notice of allowance being issued,"
Lynch said.