Re: "Open Source" is vague term referring to guns, wine, spirituality, etc.

[Jean Louis]

* Aaron Wolf <wolftune@riseup.net> [2022-03-15 00:49]:
> Ah found the details:
> 
> https://opensource.org/pressreleases/certified-open-source.php
> 
> It wasn't intentional. They had attempted to trademark "open source" and
> they describe the application as "lapsed" rather than rejected, but the rest
> of the posting makes it seem effectively the same.

,----
| That's not likely, for the very reason the application was permitted
| to lapse. We have discovered that there is virtually no chance that
| the U.S. Patent and Trademark Office would register the mark "open
| source"; the mark is too descriptive. Ironically, we were partly a
| victim of our own success in bringing the "open source" concept into
| the mainstream.
`----

And I have demonstrated in my last email with links to trademarks
registered under "Open Source". Legal issues are very detailed and
specific. One need to have skilled people to know how to do it.

There are other issues that could prevent registration of "open
source" as software, though it is not my business and I don't wish to
present it here. In general I don't agree to ways how that
organization plays.

> Because the phrase "open source" cannot be trademarked, we must rely
> on market pressure to protect the concept from abuse.

The phrase CAN BE a trademark, and references from yesterday have
proven it. The USPTO office does not have nicely searchable links, and
my references were not functioning after I have submitted them.

Here is the proof that trademark "OPEN SOURCE" can be registered:

Word Mark       OPEN SOURCE
Goods and Services      IC 013. US 002 009. G & S: Component parts for guns; 
Muzzle brakes that screw onto a rifle barrel; Muzzle compensators; Noise 
suppressors for guns
Standard Characters Claimed     
Mark Drawing Code       (4) STANDARD CHARACTER MARK
Serial Number   88783917
Filing Date     February 4, 2020
Current Basis   1B
Original Filing Basis   1B
Published for Opposition        December 22, 2020
Owner   (APPLICANT) PM Research, Inc. CORPORATION NEW YORK 4110 Niles Hill Road 
Wellsville NEW YORK 14895
Attorney of Record      Bennet K. Langlotz
Type of Mark    TRADEMARK
Register        PRINCIPAL
Live/Dead Indicator     LIVE

Here is another proof:

Word Mark       OPEN SOURCE
Goods and Services      IC 033. US 047 049. G & S: Wine. FIRST USE: 20180610. 
FIRST USE IN COMMERCE: 20180610
Standard Characters Claimed     
Mark Drawing Code       (4) STANDARD CHARACTER MARK
Serial Number   87797142
Filing Date     February 14, 2018
Current Basis   1A
Original Filing Basis   1B
Published for Opposition        July 3, 2018
Registration Number     5667492
Registration Date       January 29, 2019
Owner   (REGISTRANT) The Winemakers Co-Op Inc. CORPORATION NEW JERSEY 9 
Rocktown Road Ringoes NEW JERSEY 08551
Attorney of Record      David M. Perry
Type of Mark    TRADEMARK
Register        PRINCIPAL
Live/Dead Indicator     LIVE

Trademark may be same though registered for different groups of goods
or services, in this case we have "wine" and "Component parts for
guns". 

You can freely use "open source" or say "open source software", as it
does not make any problems to wine neither guns.

And free software movement is not about open source:

Open
https://www.gnu.org/philosophy/words-to-avoid.html#Open

LibrePlanet adopted the policy not to use "Open" for free
software. How we express ourselves is important. 

See:

https://libreplanet.org/wiki/LibrePlanet:About/Code_of_Conduct

 Advocate Freedom.

The free software movement is first and foremost a social movement, so
please be sure to have read our critical documents and understand our
core philosophy. In accordance with 1-3, please do not be aggressive
toward others who may not immediately share the same views. If we are
not encouraging and respectful, we can't hope to gain their
support. Frame issues and arguments in a way which is conducive to
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more receptive to ideas which are presented in a positive and
constructive way. Being respectful doesn't mean sacrificing our core
ideals; we should always frame the issues we work on in terms of those
ideals. That means using language that foregrounds freedom, like
referring to the operating system we promote as "GNU/Linux", talking
about free software rather than open source, and encouraging people to
try distributions that are fully committed to freedom. 


-- 
Jean

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