[CQ-Contest] Re: PTT Trademark

sawyered at earthlink.net sawyered at earthlink.net
Tue Jun 24 10:03:24 EDT 2003


Guys, before this thread gets out of hand in a hurry, there needs to be a quick primer on what a Trademark is and isn't.  I looked up this trademerk on one of the best government web sites on the planet (IMHO)  www.uspto.gov .  The PTT trademark which Nextel owns (dated Jan 2002) refers to the following goods and services: "Telecommunication services, namely, providing voice, data, pictures, music and video via wireless networks" and "Hardware and software for use in communications networks, namely, Internet protocol and telecommunications network transmitters, receivers, converters, and routers which allow the user to send voice, data, pictures, music and video over wireless networks."  Thats the extent of it guys.  You'll notice that it doesn't talk about the term PTT as a "finger or foot operated switch to start transmitting via a generic (non-networked) radio".  I guess the PTT used to acess a repeater could be argued was pre-existing use and a simple network use.

Their lawyers have carefully crafted language which goes to a unique use of a common term and they have gone for a "specific goods and services use" trademark, which they received.  Maybe it can be struck down because Hams were using PTTs to access repeaters for years, who knows.  But, in the meantime, use PTT in our well known context to your heart's content without fear.  Its either pre-existing, or a different use than trademarked.  Either way, sleep well.

73

Ed  N1UR


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