TRADEMARK file in 3.0 clarification request

[Vivek Khera <vi...@khera.org>]

In the 3.0 SVN repository, the file TRADEMARK tells what you can and 
cannot do with the SA trademark.  It doesn't actually tell you who 
*owns* the trademark, however.  From my personal experiences with 
trademarks, I'd think that would be a very important thing to mention 
there.

I would *guess* that it is owned by the Apache Software Foundation, 
because of the reference to them, but it is not otherwise clear from 
that file.

Re: TRADEMARK file in 3.0 clarification request

[Graham Murray <gr...@gmurray.org.uk>]

"Fred" <sp...@freddyt.com> writes:

> The trademark sort of conflicts with the purpose:
>
> removing, blocking, responding to
>
> These are all things SA does not do!

So Someone (Apache?) needs to change the wording in the Trademark
registration to better describe what SpamAssassin does.

Re: TRADEMARK file in 3.0 clarification request

[Fred <sp...@freddyt.com>]

The trademark sort of conflicts with the purpose:

removing, blocking, responding to

These are all things SA does not do!


Frederic Tarasevicius
Internet Information Services, Inc.
http://www.i-is.com/
810-794-4400
mailto:info@i-is.com

Re: TRADEMARK file in 3.0 clarification request

[Matt Kettler <mk...@evi-inc.com>]

At 03:10 PM 8/11/2004, Vivek Khera wrote:
>In the 3.0 SVN repository, the file TRADEMARK tells what you can and 
>cannot do with the SA trademark.  It doesn't actually tell you who *owns* 
>the trademark, however.  From my personal experiences with trademarks, I'd 
>think that would be a very important thing to mention there.
>
>I would *guess* that it is owned by the Apache Software Foundation, 
>because of the reference to them, but it is not otherwise clear from that file.

Disclaimer: I'm definitely not an expert on trademarks, this is just some 
useful information I found. Check for yourself with the USPTO, use their 
trademark search tool.
http://www.uspto.gov/


That appears to be correct from a search of TESS at the USPTO the ASF has 
filed for the mark:

Word Mark SPAMASSASSIN
Goods and Services IC 009. US 021 023 026 036 038. G & S: Computer software 
for managing, filtering, and blocking electronic communications; computer 
utility software. FIRST USE: 20010417. FIRST USE IN COMMERCE: 20010417

IC 042. US 100 101. G & S: Computer services, namely electronic mail 
filtering services to allow incoming mails based on user preferences. FIRST 
USE: 20010417. FIRST USE IN COMMERCE: 20010417
Mark Drawing Code (1) TYPED DRAWING
Serial Number 78148991
Filing Date July 30, 2002
Current Filing Basis 1A
Original Filing Basis 1A
Owner (APPLICANT) Apache Software Foundation, The CORPORATION DELAWARE 1901 
Munsey Drive Forest Hill MARYLAND 21050
Assignment Recorded ASSIGNMENT RECORDED
Attorney of Record KRISTIN JORDAN HARKINS
Type of Mark TRADEMARK. SERVICE MARK
Register PRINCIPAL
Live/Dead Indicator LIVE


As far as I know Network associates was the previous owner, and they still 
seem to be filed under a related mark:

Word Mark POWERED BY SPAMASSASSIN
Goods and Services IC 009. US 021 023 026 036 038. G & S: computer software 
for filtering content and electronic mail; computer software for detecting, 
removing, blocking, responding to and screening electronic communications
Mark Drawing Code (1) TYPED DRAWING
Serial Number 78213077
Filing Date February 10, 2003
Current Filing Basis 1B
Original Filing Basis 1B
Published for Opposition August 3, 2004
Owner (APPLICANT) Networks Associates Technology, Inc. CORPORATION DELAWARE 
3965 Freedom Circle Santa Clara CALIFORNIA 95054
Assignment Recorded ASSIGNMENT RECORDED
Attorney of Record Kristin Jordan Harkins
Type of Mark TRADEMARK
Register PRINCIPAL
Live/Dead Indicator LIVE

(Note: it appears someone is going to oppose this second mark, There's been 
a filing on it to extend the time to oppose)

Re: TRADEMARK file in 3.0 clarification request

[Theo Van Dinter <fe...@kluge.net>]

On Wed, Aug 11, 2004 at 03:10:56PM -0400, Vivek Khera wrote:
> In the 3.0 SVN repository, the file TRADEMARK tells what you can and 
> cannot do with the SA trademark.  It doesn't actually tell you who 
> *owns* the trademark, however.  From my personal experiences with 
> trademarks, I'd think that would be a very important thing to mention 
> there.

Yes, and it actually is mentioned in the first paragraph: "The Apache
Software Foundation has acquired the trademark ..."

It is more explicitly listed in the NOTICE file as well: "SpamAssassin
is a trademark of the Apache Software Foundation".

> I would *guess* that it is owned by the Apache Software Foundation, 
> because of the reference to them, but it is not otherwise clear from 
> that file.

We're in the process of modifying the TRADEMARK file, so it should be
more clear when the release actually occurs.

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