Introduction to the Trademark Dispute
The United States Patent and Trademark Office (USPTO) has made a significant decision regarding the WordPress Foundation’s applications for trademarks on the phrases "Managed WordPress" and "Hosted WordPress." The USPTO has rejected these applications, but the WordPress Foundation is not giving up on its efforts to secure these trademarks.
Understanding the USPTO’s Decision
The USPTO published a notice for the "Hosted WordPress" trademark application, stating that a final office action refusing registration had been sent. The notice outlined several issues that the applicant must address, including a disclaimer requirement, identification of goods and services, and applicant domicile requirement. Specifically, the USPTO required the applicant to disclaim the wording "Managed" because it is merely descriptive of an ingredient, quality, characteristic, function, feature, purpose, or use of the applicant’s goods and services.
Details of the USPTO’s Notice
The USPTO’s notice provided a summary of the issues that the applicant must address. These issues included:
- Disclaimer requirement: The applicant must disclaim the wording "Managed" because it is merely descriptive.
- Identification of goods and services: The applicant’s description of goods and services is too vague and overly broad.
- Applicant domicile requirement: The applicant must provide more information about its domicile.
The WordPress Foundation’s Response
The WordPress Foundation has filed a Request for Reconsideration after Final Action for each trademark application. This request asks the USPTO to reconsider its refusals based on amendments, arguments, or evidence. The WordPress Foundation is continuing its efforts to obtain trademarks for both "Managed WordPress" and "Hosted WordPress."
The Process Is Not Over
The WordPress Foundation’s requests for reconsideration are a final procedural step before an appeal. Although these requests are not themselves appeals, they demonstrate the foundation’s commitment to securing these trademarks. The USPTO will review the requests and make a decision, which may lead to further action by the WordPress Foundation.
Conclusion
The dispute over the trademarks "Managed WordPress" and "Hosted WordPress" is ongoing. The USPTO’s rejection of the WordPress Foundation’s applications is not the final word, as the foundation continues to pursue its efforts to secure these trademarks. The outcome of this dispute will have significant implications for the WordPress community and the broader tech industry. As the process unfolds, it will be important to watch for further developments and updates on this important issue.