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Author Topic: the word Apple copyrighted?  (Read 20697 times)

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« on: September 23, 2010, 21:28 »
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just strange , i just received a rejection on apple keyword. it's just a plain photo of a girl holding a green apple(fruit) , i wonder if this word is copyrighted ?



"

Please review the guidelines at right regarding possibly infringed or trademarked words.

Problem Word:
Apple example >>   Not allowed if isolated or artwork. Remove problem keyword if not important to the shot. Re-classify as editorial if newsworthy

"



« Reply #2 on: September 23, 2010, 23:00 »
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The term apple is a trademark, but that doesn't mean calling an actual apple an apple is a breach of that trademark.

I don't know what else they expect you to call it, or for a buyer to search for.

« Reply #3 on: September 23, 2010, 23:37 »
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Maybe they expecte dbuyers to search for "Malus domestica" when looking for the fruit....

rubyroo

« Reply #4 on: September 24, 2010, 00:17 »
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I'm certain it's only a rejection issue if the picture is an isolated product manufactured by Apple, not the actual fruit.  Bung a note to support, and I'm sure they'll sort it out for you.

It would be great (if you don't mind) if you would post the result of your enquiry here too... for future reference.
« Last Edit: September 24, 2010, 00:19 by rubyroo »

« Reply #5 on: September 24, 2010, 00:28 »
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Holgs, you cannot trademark a common word, that is why companies do long very intense searches to make sure that thier names do not mean anything in any land. Such as Kodak, Verox and Exxon. You may trademark the "Apple: if it is in a custom font or thier famous apple with a bite out of it. 

« Reply #6 on: September 24, 2010, 00:34 »
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i think the legal name of apple is actually 'apple computer'..

Holgs, you cannot trademark a common word, that is why companies do long very intense searches to make sure that thier names do not mean anything in any land. Such as Kodak, Verox and Exxon. You may trademark the "Apple: if it is in a custom font or thier famous apple with a bite out of it. 

« Reply #7 on: September 24, 2010, 00:52 »
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Holgs, you cannot trademark a common word, that is why companies do long very intense searches to make sure that thier names do not mean anything in any land. Such as Kodak, Verox and Exxon. You may trademark the "Apple: if it is in a custom font or thier famous apple with a bite out of it. 


Well actually you can - and the Beatles had the trademark first ;)

http://en.wikinews.org/wiki/Apple_Inc.,_Apple_Corps_resolve_trademark_dispute

A trademark doesn't man that you can't ever use the word Apple again except referring to a computer - it just means you can't use the name in a way that someone would confuse your product or service with the holder of the trademark. In relation to computers or electronics, the word "apple" is meaningless, and so able to be registered as a trademark.

http://en.wikipedia.org/wiki/Trademark_distinctiveness

« Reply #8 on: September 24, 2010, 03:08 »
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I will repeat my statement, you can't trademark the word "apple". You can trademark the company name of "Apple Computer".  You can trademark of course artwork or any logo.

Years ago my brother and I owned a small computer shop names DataClub Computers. About three years after we started business we were contact by a compny that came from Australia that made software and thier name was DataClub Software. They actually sent a letter demanding us to change our name or they would start a legal case against us. We contacted our lawyer and he discovered that we were in business before them here in the United Staates witht that name and we were the legal owners of DataClub here. WE worked out a deal with them that they would pay our legal fees and we would allow them to sell software under that name but they were not to sell any hardware or offer computer services here in California.

« Reply #9 on: September 24, 2010, 03:20 »
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But your statement is incorrect and your example is not relevant here. Here is a link to the United States Patent and Trademark Office, where you can see that the single word "APPLE" is a registered trademark. http://tess2.uspto.gov/bin/showfield?f=doc&state=4003:gp36th.2.1 There are many more examples but I am not delivering an IP lecture here.

A generic term cannot be registered as a trademark only when it describes the product and service in the trademark application. For instance, an apple grower will not be allowed to get APPLE as a registered trademark,  because, if the government allows the application, the rest of the apple growers will be out of business and cannot call their fruit APPLE anymore.

That being said, it does not explain why the OP's keyword was rejected. OP wasn't in the business of selling competing products with Apple computers. OP's apple keyword is a generic term which describes the item in the photo.

I will repeat my statement, you can't trademark the word "apple". You can trademark the company name of "Apple Computer".  You can trademark of course artwork or any logo.

Years ago my brother and I owned a small computer shop names DataClub Computers. About three years after we started business we were contact by a compny that came from Australia that made software and thier name was DataClub Software. They actually sent a letter demanding us to change our name or they would start a legal case against us. We contacted our lawyer and he discovered that we were in business before them here in the United Staates witht that name and we were the legal owners of DataClub here. WE worked out a deal with them that they would pay our legal fees and we would allow them to sell software under that name but they were not to sell any hardware or offer computer services here in California.

RT


« Reply #10 on: September 24, 2010, 03:24 »
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I will repeat my statement, you can't trademark the word "apple".

Yes you can.


That being said, it does not explain why the OP's keyword was rejected.

The explanation for that is like 'shotupdave' they don't understand what a trademark is.
« Last Edit: September 24, 2010, 03:26 by RT »

« Reply #11 on: September 24, 2010, 03:49 »
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Here is the eact ruling on trademarks

How do trademarks differ from copyrights and trade names?
Trademarks are identifiers of commercial products or services; business names, or trade names, identify a business for non-marketing purposes; and copyrights protect individual, original works of expression.

The non-marketing uses of trade names include uses on stock certificates, bank accounts, invoices, letterhead, contracts, i.e. uses which identify the entity. Trade names can also be trademarks when used to identify specific goods and services.

Copyrights do not generally protect individual words or slogans but will protect creative designs. Therefore, a logo design could be protected by both copyright law and trademark law.

A copyright does not exclude others from developing similar or even the same design as long as the creation is independent from and the creator has not had prior access to the other design. Similar trademarks, however, might not be permitted if the public would be confused or if the value of a strong mark would be diminished or tarnished (dilution).

The owner of a trademark is the first to use the mark in interstate commerce and requires continuous use in commerce to retain ownership. The owner of a copyright, depending on the circumstances, is either the creator or the employer and no publication, use or distribution is required.

The copyright owner has rights for a term of 50, 75, or 100 years depending on the entity owning the copyright. The trademark owners rights are indefinite as long as the trademark is properly used and protected by the owner.

RT


« Reply #12 on: September 24, 2010, 04:31 »
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shotupdave

Exactly the section you've pasted clearly explains that you CAN trademark the name 'Apple' and that's exactly what Apple computers have done, nobody else in the world can TRADE in the computer manufacturing business using the MARK 'Apple', plus I have no doubt they've trademarked 'Apple' for various other trademark classes.

But it would still appear that you are confused between trademarks and copyright.

Clearly you don't believe anybody here so if you'd like to do a trademark search on the site from where you copy/pasted that text you'll find on the first page of results that another company has 'trademarked' the word Apple for use in the fuel industry, they have also trademarked their logo.

« Reply #13 on: September 24, 2010, 05:10 »
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well, even you are right, i don't understand why people want to point finger and call out name... ??? isn't there a better way to communication?

« Reply #14 on: September 24, 2010, 05:39 »
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well, even you are right, i don't understand why people want to point finger and call out name... ??? isn't there a better way to communication?

Sometimes people just want to be right :)

The concepts of Trademark and Copyright are often confused here and elsewhere. People assume they mean the same thing when in fact they don't. Both are fairly complex areas of law that aren't really even consistent internationally.

As far as, microstocks are concerned, the approach is very conservative. Often if there has been litigation in the past - even if the person alleging some sort of copyright or trademark has lost - they won't touch the image.

Microbius

« Reply #15 on: September 24, 2010, 06:27 »
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well, even you are right, i don't understand why people want to point finger and call out name... ??? isn't there a better way to communication?
Has something been deleted here? where was the name calling?

RT


« Reply #16 on: September 24, 2010, 08:33 »
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well, even you are right, i don't understand why people want to point finger and call out name... ??? isn't there a better way to communication?
Has something been deleted here? where was the name calling?

I was wondering the same thing


« Reply #18 on: September 24, 2010, 11:31 »
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Name calling? Who?

well, even you are right, i don't understand why people want to point finger and call out name... ??? isn't there a better way to communication?
Has something been deleted here? where was the name calling?

« Reply #19 on: September 24, 2010, 17:41 »
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Again you have it all wrong, you cannot trademark the word "Apple". You may use the word injuction with other words, such as Apple Computer or Apple Electronics.

shotupdave

Exactly the section you've pasted clearly explains that you CAN trademark the name 'Apple' and that's exactly what Apple computers have done, nobody else in the world can TRADE in the computer manufacturing business using the MARK 'Apple', plus I have no doubt they've trademarked 'Apple' for various other trademark classes.

But it would still appear that you are confused between trademarks and copyright.

Clearly you don't believe anybody here so if you'd like to do a trademark search on the site from where you copy/pasted that text you'll find on the first page of results that another company has 'trademarked' the word Apple for use in the fuel industry, they have also trademarked their logo.

RT


« Reply #20 on: September 24, 2010, 18:17 »
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Again you have it all wrong, you cannot trademark the word "Apple". You may use the word injuction with other words, such as Apple Computer or Apple Electronics.


So apart from the fact that even you yourself quoted some text from the UK IP office stating that you can trademark a word, and three other people here all telling you that you can and providing links, and the fact that they (Apple inc) have trademarked the word 'apple' you still can't seem to grasp it, here are some more links which no doubt you'll think are wrong:

http://www.apple.com/legal/trademark/appletmlist.html

http://tess2.uspto.gov/bin/showfield?f=doc&state=4007:kootm5.2.50

and if you still don't believe it here's a link to the UKIP office trademarks search where you can search yourself:

http://www.ipo.gov.uk/tm/t-find/t-find-text/tmtsearch-default.aspx

On the first box make sure it's for "word only" and on the second change it to "exact" then enter the word 'apple' in the first box, leave everything else as it is and hit search, you'll get a list of all the trademarks for the word 'Apple' only, if you then click on the registration number (during business hours because it's a live search) you'll get a copy of the registration detailing who owns the TM and the classes for which they registered it.

Without being rude it is because of people just like you that the agencies are so paranoid about IP, I'm not going to try and convince you anymore because by now even my dog knows that you can trademark the word 'Apple' and that it already is a trademark many, many times over.
« Last Edit: September 24, 2010, 18:33 by RT »

« Reply #21 on: September 24, 2010, 20:48 »
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APPLE is perfectly fine as a single word trademark.

However,  you cannot get copyright protection for a single word. For copyright protection to kick in, you need at least 3 words. Maybe that's where your confusion lies.

« Reply #22 on: September 24, 2010, 21:40 »
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Hello,

I did a little more research on this, and it appears that the issue was our "Problem Keyword Alerts" and not an image rejection.   We provide feedback to users when they've entered a keyword that we suspect will be problematic.

In this case, the keyword alert uses language that's not specific enough.  

We're going to modify the language to:

Apple - Not allowed if isolated or artwork of Apple Inc. designed products. Apple Inc products are unacceptable for commercial use. Re-classify as editorial if newsworthy. Images of fruit (real apples) are acceptable.

As always - please flag these issues for Support, since they'll be able to track down the problem (and answer) quicker than the forums will.

Thanks!

Scott
Product Manager
Bigstock

you'll need to do more than check for apple -- your keyword alert keeps telling me i can't use the word 'newport' as in Newport, Oregon,    you probably need a more generic explanation that makes it clear you're ONLY flagging an item if it refers to a trademarked product.  luckily, we can just ignore the msg and the images are accepted, but it certainly can cause confusion

steve
« Last Edit: September 24, 2010, 21:43 by cascoly »

Microbius

« Reply #23 on: September 25, 2010, 03:30 »
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Again you have it all wrong, you cannot trademark the word "Apple". You may use the word injuction with other words, such as Apple Computer or Apple Electronics.

shotupdave

Exactly the section you've pasted clearly explains that you CAN trademark the name 'Apple' and that's exactly what Apple computers have done, nobody else in the world can TRADE in the computer manufacturing business using the MARK 'Apple', plus I have no doubt they've trademarked 'Apple' for various other trademark classes.

But it would still appear that you are confused between trademarks and copyright.

Clearly you don't believe anybody here so if you'd like to do a trademark search on the site from where you copy/pasted that text you'll find on the first page of results that another company has 'trademarked' the word Apple for use in the fuel industry, they have also trademarked their logo.

RT has gone very far out of his way to educate you on this. Why not read (and try to understand) the links? There's not a lot more to say.



 

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