33 replies to this topic

[samuelmunro]

http://www.trademark...t-85343062.html - apparently NVC in the states have registered the term "vapefest". I'd argue that they can't have ownership of a word but It appears they can and they have.

...Discuss.

[Snaggletooth]

Keep asking myself "Why?" lol. Best leave them to it

[szaxe]

samuelmunro, on 18 January 2012 - 04:18 AM, said:

http://www.trademark...t-85343062.html - apparently NVC in the states have registered the term "vapefest". I'd argue that they can't have ownership of a word but It appears they can and they have.

...Discuss.

Yes' it isn't a common word. It has a "Character standard mark 4" which covers the word, but only in specific areas, that includes promoting electronic cigarettes at trade shows etc.

Note note it only covers the US although gives the option to register in other jurisdictions.

They could try in the UK, but it could be challenged as it is already in use in the UK in the same field. In the UK trademark rights are obtained from registration and although less reliable usage.

[szaxe]

Snaggletooth, on 18 January 2012 - 04:29 AM, said:

Keep asking myself "Why?" lol. Best leave them to it

I agree Why? Can't see the point of registering outside the US either, lots of money for no gain. I mean what would they gain in the UK. And even if they had money to throw away just register or use UK VapersFest or the Irish could register, use ROI VaperFest.

[szaxe]

If you are interested a quick google found this, go to " can trademark rights be lost". Probably vapefest could already come under generic as most vapers consider a vaping get together as a vapefest. Some examples of lost trademarks are Biro, hoover, superglue, selotape, aspirin. Note they were words when registered, but became so succesful their trade name became used in everday language. Victims of their own success

http://cyber.law.har...r/domain/tm.htm

[HillBill]

Who organised the first ever event called Vapefest?

[szaxe]

HillBill, on 18 January 2012 - 06:33 AM, said:

Who organised the first ever event called Vapefest?

Good question. But more to the point has Vapefest become a generic term for major vaping meets around the world. Trademarks are intended to protect and distinguish a product, it is not meant as negative or a means of monopolising a commonly used term.

Apple is a generic name, but not in the section/s it is registered ie computing. Apple would not get registered for a variety of apples.

I think the Vapefest registration is a gimmick, if it had have been serious it would have been specific to distinguish their particular events, ie uncle Bob's Vapefest.

The US patent and Trademarks office will probably be unaware of the fairly large and growing subculture of vaping and taken it as a nonesensical term that distinguished the appliction.

Point is, you can fool the spirit of patent/trademak registration, however its a different matter when trying to enforce them.

[szaxe]

Also, without getting to deep, Trademarks should distinguish a product, business, etc from its competitors, not describe what the product or busines does, ie you couldn't register horse race/horserace as a word although you could use horse race in a distictive logo, as the two combined would distinguish the particular promoter.

Vape and fest http://www.thefreedictionary.com/fest describe the event and type of activity, but do not distinguish the product, business or events from competitors.

Edited by szaxe, 18 January 2012 - 07:16 AM.

[szaxe]

If anyone is concerned about the registration. a ) it only applies to the USA and b ) If in the USA I would happily use it and if threatened by the registrant threaten to sue. See " I think that I maybe infringing, what should I do? " http://www.ipo.gov.u.../t-infringe.htm

As I said a trademark should not describe what you and others offer, but should distinguish you from your competitors.

[ApOsTle51]

The first vapefest was organised by vapersforum founders spikey and dumwaldo in the states a few years ago.

[Cat]

Yep spikey and waldo used it first, then last year it generated a row which has caused all this... shame, as such an event should not turn into a mess like that...

[ean33]

ive just registered

attiefest, cartofest, vvfest & just for the hell of it catfest

see you in court

[samuelmunro]

http://thesaurus.com/browse/feast - I kinda like 'blowout', apt too considering it's exactly that which brings us together UK Blowout, I'd go to that

[szaxe]

ean33, on 18 January 2012 - 06:47 PM, said:

ive just registered

see you in court

"See you in court" has already been registered by judge dread

[Stalker]

I'm gonna register 'Vaperama'. Sounds like something I'd like to go to

[Durinthiam]

I hereby rename vapefest

RecTUM

RecreaTional Users Meet

anyone is free to attend a national RecTUM and you will never be charged for coming to the RecTUM

[Jaded]

I don't think there's much of a problem. If NVC get all antsy about it we can just take out the space and be UKVapefest™ and if that still causes a problem we could suggest renaming the event to NVC are Tossers™...

[szaxe]

Jaded, on 19 January 2012 - 09:19 AM, said:

I don't think there's much of a problem. If NVC get all antsy about it we can just take out the space and be UKVapefest™ and if that still causes a problem we could suggest renaming the event to NVC are Tossers™...

Can't be a problem as a US trademark has no effect in the UK and the UK patent office are not so greedy to allow Trademarks that clearly have no validity.

The rules are very clear. A trademark can't describe or indicate the business/product/event you want to register. The patent office offer (through many examples) that "Herringbone Finance" is OK, for a financial business, as the distinguishing factor "Herringbone" has nothing to do with finance, however "Herrinbone" would not be OK for textiles.

NVC or anyone else would not get registration in the UK for Vapefest or UKvapest for events for vaping as it describes the event of vaping at Fest, being in the UK just further describes the event. Although you could probably register it for a type of aftershave etc.

When I suggested registering UK VapeFest in an earlier post I thought "Fest" was just an abbreviation, however I later found Fest was a word in a dictionary, I added thelink above.

Joking aside, "Tosser" would most probably fail in all categories, for obvious reasons.

[Snow]

Maybe we can just call it NVC Vapefest and let the fudgers pay for the event in full! Bloody shitters!

Edited by Snow, 19 January 2012 - 10:33 AM.

[szaxe]

Snow, on 19 January 2012 - 10:33 AM, said:

Maybe we can just call it NVC Vapefest and let the fudgers pay for the event in full! Bloody shitters!

Good idea, that would most probably get a registration as NVC would differentiate the event from other vapefests.