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Is "Webring" a Trademark?
Do you know whether "webring" is a trademark?
I didn't know. I needed to know.
So I researched it.
This article tells what I found.
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This article is part of the Wazillion Navbars Project: a project to explore and write about the Yahoo! WebRing system. For a list of these articles
click here or see the section menu at the bottom of this page.
Note that the Yahoo! WebRing system no longer exists. It has been spun off to the independent WebRing.com system. The Wazillion Navbars Project has been closed. These pages are thus, no longer accurate and do not apply to the new WebRing.com system. Instead, these pages are being maintained for a "historical record".
For current information on the WebRing.com system, see my webring subsection
about the WebRing.com system.
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Background
Someone wrote me to ask whether "webring" was a trademark.
If it is a trademark then it should only be used to describe the webring
systems under the Original Webring system, their successor, Yahoo! WebRing or
their ultimate successor, the WebRing.com system.
On the other hand, if it is a generic term, then it would be appropriate to use it to describe webrings in the Yahoo! WebRing system and Ringlink system and RingSurf system and Bravenet system and so on.
We use trademarks all the time when we shouldn't. We say "Kleenex" when we mean "facial tissue". We say "Coke" when we mean carbonated, flavored drink. We say "Formica" when we mean "plastic laminate". And we say "Xerox" when we mean "copy".
And some terms that used to be trademarks aren't anymore. "Aspirin" was a trademark; it isn't any more. "Escalator" was a trademark; and now it is not.
The inquiry got me curious. And when I get curious, the research begins.
Step One: U. S. Patent and Trademark Office
If you go to the U. S. Patent and Trademark Office Website you will discover the Trademark Electronic Search System (TESS). This system can be used to search for trademarks.
Choosing the basic New User Form Search and searching for "webring" (actually, capitalization doesn't matter) returns two entries:
- 75569357: a registration in the Computer Software category
- 75575101: a registration in the Computer Services category
The description for both registrations reads:
providing a navigation tool for others that enables users of a global computer network to obtain access to linked websites that contain information and services related to specific subject areas.
In addition, it notes that the first use of the term was 15.May.1995
Checking status in the Trademark Applications & Registrations Retrieval System (TARR) shows that both applications were:
- Filed c. 14.Oct.1998
- Denied Registration (non-final) c. 29.Apr.1999
- Denied Registration (final) c. 30.May.2000
- Considered Abandoned c. 14.Feb.2001
So, from the standpoint of the U. S. Patent and Trademark Office, "webring" is not a registered trademark.
Step Two: Yahoo! Claims
Most companies on the web have a page that expresses their legal trademark claims. I set off to find the one for Yahoo!
Going to the Yahoo! Terms of Service page shows this text:
Yahoo!, the Yahoo! logo, Yahoo! in Chinese Characters, Yahooligans!, the Yahooligans! design, the "Jumpin Y Guy" logo, Do you Yahoo!?, Y!, Y! stylized, My Yahoo!, Eyeballs design, Homework Answers, The Scoop, Get Local, the Worlds Favorite Internet Guide, the Sunglasses design, e Café Yahoo!, Viaweb, Shop Find, EZSpree, EZWheels, I Shops, Permission Marketing, Yoyodyne, Get Rich Click, and Geocities trademarks and service marks, and other Yahoo! logos and product and service names are trademarks of Yahoo! Inc. (the "Yahoo Marks").
[quoted as of October 1, 2000]
No explicit mention of "webring" anywhere.
What about other pages?
Checking the Yahoo! Important Disclaimers and Legal Information page shows:
Yahoo!, the Yahoo! logo, Yahooligans!, the "Jumpin' Y Guy" logo, Do You Yahoo!?, My Yahoo!, Art Soup, the Eyeballs design, Homework Answers, Get Local, the Kid's Web Guide, the World's Favorite Internet Guide, School Bell, the Sunglasses design, and other Yahoo! logos and product and service names are trademarks of Yahoo! Inc. Beatrice's Web Guide is a trademark of Yahoo! Inc. and Wire Networks, Inc.
[quoted as of October 1, 2000]
Similar. Not exactly the same, but similar. And still no mention of "webring".
Checking the Yahoo! WebRing specific pages didn't turn up any other trademark claims.
Also, checking all the Yahoo! WebRing pages, nowhere can I find "webring" with either the common law trademark symbol (™) or the registered trademark symbol (®).
Step Three: Summary
I'm no lawyer. But it looks to this layman like "webring" is an available generic term.
Trademark Topic Links
 U. S. Patent and Trademark Office
««»»
U. S. Patent and Trademark Office Trademarks Page
««»»
Trademark Electronic Search System (TESS):
Used to search for trademarks. (Go to this page then click on "Search Trademarks".)
««»»
Trademark Applications and Registrations Retrieval System (TARR): The system that can return status and history on a trademark application.
««»»
P75569357: Webring as Computer Software: This page shows the Trademark Applications and Registrations Retrieval System (TARR) information for the registration of "webring" as a Computer
Software trademark.
««»»
P75575101: Webring as Computer Service: This page shows the Trademark Applications and Registrations Retrieval System (TARR) information for the registration of "webring" as a Computer
Service trademark.
««»»
Yahoo! Terms of Service
««»»
Yahoo! Important Disclaimers and Legal Information
««»»
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Webring
News and Announcements
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WebRing.com
Changes Big Time --- It was October 2001 that WebRing.com came into
existence following the end of Yahoo! Webring. Now, 5 years later, WebRing.com
is changing again. Moving from primarily a free service to primarily a paid
service, the system is undergoing massive change. Stay tuned.
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Ringlink
Activity --- While
Ringlink has not released a new version
since
Version 3.2
on 21.Feb.2005, the system seems to be getting a lot of activity. Many people
are discovering this great webring system and moving their webrings here. If you
don't know about Ringlink,
definitely check out this great webring system. I personally recommend
it.
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WoW
--- The World of Webrings features the World of Webrings discussion list. It offers a forum for both
webring owners (ringmasters) and webring members to discuss the latest hot topics about all webrings, including WebRing.com,
Ringlink
,
Alt-Webring, RingSurf, Bravenet and others. If you belong to any webring in any webring service, you should join this list.
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RingSurf
Passes 3 Year Anniversary --- It was 3 years ago, on 16.Aug.2003 when the WoW list list noted that RingSurf's domain name registration had changed.
Then the new owner came forward. A RingSurf Feature List was developed and debated. Then, on Thanksgiving day, 27.Nov.2003 the new owner posted on the WoW list that the new RingSurf is up! If you haven't checked it out lately, see what has happened in the last three years.
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Article About Webrings --- Check out this excellent Salon.com article about the history of Yahoo! and WebRing.com:
The Strange Saga of Yahoo and Webring
. For some, it will bring back memories. For others, it will explain the history.
Now, I wonder if they will update it to talk about the latest WebRing.com
changes.
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The Wazillion Navbars Project
Webring Sections and Subsections
The Webring Section is a large section of my website. I have divided it into four major "subsections".
- General Information
- The WebRing.com System
- Webrings I Own and Belong To
- The Wazillion Navbars Project
Each "subsection" has it's own special "logo".
As you travel in the various subsections you will find, near the bottom of each page, links to pages within that subsection and also links to the other subsections. To go to any subsection, just click on the "logo" or on the text link for that subsection.
Webrings: General Information
This subsection includes general information about webrings. Webrings can be hosted by a variety of different services. This section deals with the overall concepts and issues, not with any one particular "brand" of webring.
It includes my Webring FAQ, links to articles about webrings, and general help information. Click here or on the graphic.
The WebRing.com System
This subsection includes specific information about the WebRing.com system.
While not the only webring system on the net, it is the best known and the most used. I own many webrings in this system and belong to many webrings in this system. (I also own and belong to many webrings in other systems as well.) Click here or on the graphic.
Webrings I Own and Belong To
This subsection shows all the webrings I own and links to all the webrings to which I belong. This includes webrings in Ringlink, RingSurf, Bravenet and the WebRing.com system as well.
If you are looking to join one of my webrings, this is a good place to start. If you wonder about the webrings I belong to, this is the place to go. Click here or on the graphic.
I am not a lawyer. And I don't play one on TV. I'm just a guy who cares
about these issues and who spends too much time on the net. I'm providing the
information on this website for educational and informational purposes only. It
is not a substitute for advice from licensed legal professionals. Please
email me of any errors or omissions you detect.
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