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TheDomains.com

Trademarking Everyday Phrases: Harvard Gets In On The Act

August 4, 2009 by Michael Berkens

If you’ve read this blog for a while, you know I’ve been telling readers that the English language is becoming trademarked, as most dictionary words and all common phrases are pretty much trademarked.

The Boston Globe reported Saturday,  even Harvard University has gotten into the game and applied for U.S. trademarks on everyday phrases such as “Ask what you can do”,   “Lessons learned”,  “The world’s thinking”, “Power of ideas at work” and “Managing yourself”.

The Globe points out “The university also has its sights set on the grandiose phrase, “The world’s thinking,’’ and has filed a trademark application even as it remains uncertain how the phrase will be used.”

“You need to reserve something in case you intend to use it, “We’re strategically protecting it for use at some point down the line.”said Rick Calixto, director of the Harvard Trademark Program.

Really, Mr. Calixto is that what you are suppose to do.

Your suppose to trademark common phrases, just in case you may want to use them in the future?

And then what do you do when you decide you want to use them?

What about the domain matching the trademarked phrase, do you go after the domain holder and demand the domain be transferred to Harvard?

Better yet, Mr. Calixto, if the term is so valuable that you would spend the fees to get a federal trademark,  why not register the domain name,  if its not taken?

Like in the case of theworldsthinking.com.

Right, Harvard is spending thousands of dollars to trademark the phrase for possible future use, but did they spend $8 to register the domain.

Nope.

Someone else grabbed it after the story was published on August 2nd.

Nothing like a Harvard Education.

PS:  another one of these gems, Powerofideasatwork.com is still available for registration as of publication.

Filed Under: Legal

About Michael Berkens

Michael Berkens, Esq. is the founder and Editor-in-Chief of TheDomains.com. Michael is also the co-founder of Worldwide Media Inc. which sold around 70K domain to Godaddy.com in December 2015 and now owns around 8K domain names . Michael was also one of the 5 Judges selected for the the Verisign 30th Anniversary .Com contest.

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Comments

  1. jp says

    August 4, 2009 at 2:36 pm

    Hopefully this blog post will be used against them in a UDRP

  2. Adam says

    August 4, 2009 at 9:38 pm

    They’ll be refused if the mark isn’t already in use. duh.

    btw, domain owners are often register domains, in effect staking claim in a phrase far in advance of their intended uses . . . but in that case it’s perfectly acceptable.

  3. domain guy says

    August 5, 2009 at 5:11 pm

    harvard is asleep at the wheel.if harvard filed any trademark they have to supply a speciman of use with their application. if we have
    an idiot intellectual property attorney they will file an intent to use
    mark.for the phrase for the future.however if this is the case then a
    speciman will be required at a later date and a fee charged every 6 months up to 3 yrs to reserve the phrase. in addition the filed trademark application reverts back to the date of the speciman.so if a domainer registers the phrase and has a prior use before the speciam harvards
    intellectual property attorney just missed the boat.in addition when the examing uspto attorney does a search which is included in the requested trademark file if there is a similar or exact matching phrase to harvards trademark there will be no trademark issued.
    as domain guy stated many times before trademarks have their problems
    an can easily be ripped off the principal register and educate a harvard attorney in front of the world and dispaly the failure of ip law….it is not pretty…and makes harvard look like an idiot….


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