US trademark law
I came across Microsoft Surface today, and one tiny detail get me thinking.
There is a small "TM" next to the word "Surface", can they do that? Can a common word like surface be trademarked like that? Even when it gets a meaning the is so close to the original meaning?
An further more. Does this mean that I have to trademark my product names, even when they are common used names? like "Red Spreatsheet" and "Blue Sky"?
This troubles me.
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Keep in mind this is not the first Microsoft product with the name Surface. They renamed the old product [PixelSense](http://en.wikipedia.org/wiki/Microsoft_PixelSense). They submitted the paperwork a while ago [Patent and trademark Office - Microsoft Surface](http://tess2.uspto.gov/bin/showfield?f=doc&state=4007:gcu16m.5.1) – Mhoran Psprep 12 years ago
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@mhoran_psprep: I remmember that, I worked for one of the competting products about 4 years back and our product just started selling. – Martin Kristiansen 12 years ago
3 Answers
The 'TM' means that they are claiming common-law rights in the mark -- the idea is that people will so identify the word 'surface' with Microsoft that it would be unfair to allow anybody else to come out with a 'Surface' tablet.
Microsoft has probably already applied for a registered trademark on the name -- it just takes a few months for those to be published.
Whether the USPTO will let them do this, or not, is another matter. The more generic or descriptive a mark is, the less likely that the USPTO will let it through. So, you cannot trademark the word "apple" when applied to apples, but there's no problem when applied to computers. I don't know that 'surface' really describes this tablet, but it's certainly more descriptive then something fanciful like "Xerox" or "Android." However, note that Microsoft already has a trademark on 'surface' for that table with a display built into it.
'Red Spreadsheet' is nearly complete descriptive -- like the 'apple' above. 'Blue Sky,' on the other hand, is registered to an Arizona real estate company, to a company that does computer animation and to a company that does utility bill management services, among others.
They can try. When they sue someone for trademark violations, the courts will have to decide if they actually can. Note that "TM" is not necessarily a registered trademark.
Registering a Trademark only protects the use of that name in that specific industry. I can make a Surface clothing line and be completely free from MS's grasp as it is not likely that you would confuse my clothing line with their tablets.
If you search http://uspto.gov you will see that the Trademarks are broken down into industry's.
