[PHPBB3-10250] phpBB Logo needs the Registered Trademark Symbol Created: 05/Jul/11  Updated: 22/Jan/17  Resolved: 06/Jul/11

Status: Closed
Project: phpBB3
Component/s: Styles
Affects Version/s: 3.0.9-RC3
Fix Version/s: 3.0.9-RC4

Type: Bug Priority: Major
Reporter: Sam Thompson [X] (Inactive) Assignee: Nils Adermann
Resolution: Fixed Votes: 0
Labels: None

Issue Links:
Relation
is related to PHPBB3-10773 ACP phpBB logo needs registered trade... Closed
GitHub Pull Request URL: https://github.com/phpbb/phpbb3/pull/253
Fix URL: https://github.com/phpbb/phpbb3/pull/258

 Description   

phpBB is a registered trademark in the US and EU and our logo lacks any sort of symbol to denote that. We need to modify the logo slightly to include the ® (registered trademark symbol).

I have the logo ready to be committed, but the rest of the prosilver alterations still needs to be done.



 Comments   
Comment by lmao! [ 05/Jul/11 ]

Use of the trademark registration symbol (®) in the United States prior to securing a United States trademark registration is illegal. Last I checked the project was hosted on servers that physically reside in the United States. Despite your best efforts to remain in denial the fact remains the term "phpbb" is not a registered trademark in the United States. All you have done is apply to register the trademark and been denied on the first application. Do yourselves a favor and look it up yourselves, the USPTO is completely transparent and the database publicly accessible.

Following the steps below you can easily verify the current status of your trademark application:

http://tess2.uspto.gov/bin/gate.exe?f=doc&state=4010:g8vk25.2.1

That page is not the registration, it is merely the record of the application. You have to click on TARR status

http://tarr.uspto.gov/servlet/tarr?regser=serial&entry=85199890

where you will then notice the registration # and registration date are blank because there is no registration. The application was refused on the Principal Register for being merely descriptive of the product. Bottom line is that you do not yet have a registered trademark in the United States and to include the ® symbol prior to receiving a registration would be a violation of federal law.

Comment by Yuriy Rusko [ 05/Jul/11 ]

The trademark application in the US is on routine hold because more information was requested and we see no reason why it will not proceed.

phpBB Limited is a UK company that distributes the software globally. OSUOSL is gracious enough to donate servers to the UK based company to run the phpBB website. The EU trademark is registered.

Comment by lmao! [ 05/Jul/11 ]

The trademark application with the USTPO is not on "routine hold" it has been refused on the Principal Register. You have been given the opportunity to respond to the initial refusal by refuting the examining attorney's conclusion that the term "phpbb" is merely descriptive of the product.
"Although applicant’s mark has been refused registration, applicant may respond to the refusal(s) by submitting evidence and arguments in support of registration."

The OHIM EU trademark is registered and if phpbb.com was physically hosted in any of those 27 member countries you would be well within your rights to indicate your trademark was registered. It is typically regarded as fraudulent for owners of foreign trademark registrations to advertise and distribute goods with the registration symbol in countries where they do not own a registered mark.

Comment by Yuriy Rusko [ 05/Jul/11 ]

phpBB Limited is a UK company that distributes the software globally. OSUOSL is gracious enough to donate servers to the UK based company to run the phpBB website. The EU trademark is registered.

Thank you for your concern, but we have the matter under control.

Comment by Nils Adermann [ 06/Jul/11 ]

My code does not yet work correctly. It assumes that the site_logo is the same for all imagesets. Instead the cached value must be stored separately for each imageset.

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