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Re: Debian registered by a trade as TM in Spain!



On Tue, Sep 03, 2002 at 01:25:20PM +0200, Ignacio García Fernández wrote:
> Yes, you have read well.

> In Spain Debian has been registered as a Trade Mark.

> You can find info at
> http://www.marcanet.com/Acceso_Gratuito/CPRespMN.ASP?Num=1&L1=1&N=1&C1=42&Nmb=debian&Tp=Es&Sob=Marca

> The page is in Spanish, but it's easy to understand, you introduce a name
> you want to register, and they give you a list of similar names already
> registered.

> The alert was sent to barrapunto, a sloashdot-like forum

> http://barrapunto.com/article.pl?sid=02/09/02/1020219&mode=&threshold=

> It looks like it has been an accademy, but we are not certain.

> As you can asume, Debian users and developers are quite worried about that.

> What can be done?

The trademark is shown as registered in class 42:

 Servicios científicos y tecnológicos así como servicios de investigación
 y diseño relativos a ellos; servicios de análisis y de investigación
 industrial; diseño y desarrollo de ordenadores y software; servicios
 jurídicos.

That is,

 Scientific and technological services as well as related design and
 research services; analysis and industrial research services;
 design and development of computers and software; legal services.

So there's no doubt that this trademark affects our field.

The barrapunto article makes it clear that the academy (hmm, perhaps
"trade school" is better English?) is not holding this trademark for the
benefit of the Debian community.

Can someone familiar with Spanish IP law comment on what weight is given
to "prior art" in the case of a trademark challenge?  I'm assuming that,
one way or another, some money will have to be spent on lawyers to fix
this.

Steve Langasek
postmodern programmer

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