Dell attempts to trademark the term “cloud computing”
Cloud computing, a term that is becoming more and more common with today’s online centric world. Overall its a pretty generic term, one that seems to be being used in one form or another by various companies, however that has not stopped Dell from applying for their own trademark on the term “cloud computing.”
This information comes from a US Patent and Trademark office document and shows that Dell has made it to the Notice of Allowance phase. Its important to remember that this does not mean they have received the patent, but instead they have “a written notification from the USPTO that a specific mark has survived the opposition period… and has consequently been allowed for registration.”
What they (Dell) faces now is the time where other companies can object to their receiving the trademark, which I would venture to guess will be more than a few. Consider some of the recent big companies that have brought cloud computing into the spotlight such as Microsoft with their Mesh service, Apple with their MobileMe service and even HP to a lesser degree with their Upline service.
Dell’s application, which was filed on March 23, 2007 falls under the serial number 77139082, however this is not the first attempt at registering this term. Back in 1998 the NetCentric Corporation made an attempt (serial number 75291765) which was denied less than a year later.
Based on the previous attempt and quick failure, I cannot really venture a guess as to why Dell would think this would make its way through and receive a final approval, especially considering that the term is pretty generic. Possibly it was done in an effort to attract a little attention to something they may be planning for the cloud.
On the application Dell had described the term as a “custom manufacture of computer hardware for use in data centers and mega-scale computing environments for others.” Dell was also quick to point out that the term “computing” was not being trademarked, but instead making it clear that it was only the compete term of “cloud computing.”
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August 3rd, 2008
Hi Robert,
There’s been a lot written on this topic (a lot more than I’d anticipated when I mentioned it on the cloud-computing list anyway), but while I’m not a lawyer it seems the ‘time where other companies can object to their receiving the trademark’ (the ‘opposition period’) has long since passed. If I understand well all that remains now is for Dell to file a statement of use and pay a token fee ($200 for 2 classes) and it will be registered.
The question now is what will Dell do next (ie will they abandon it or proceed to registration knowing that the world is watching them, and in the latter case what are the options for the rest of us?).
I’m hoping that someone who knows better will comment on this, but I’d say things will be quickly clarified when people get back to work tomorrow.
Sam
August 6th, 2008
According to Sam’s site (linked above) the ‘Notice of Allowance’ has been canceled and it’s back under examination? What’s going on?
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