Sunday, March 24, 2013

Monster Cache trademark

Got a response this week from the US Patent and Trademark Office regarding my application for a Monster Cache trademark.  It was temporarily denied :-(  But it sounds like its easy to fix.

What happened was that I applied for a trademark for MonsterCache, no space.  All the time I was developing the application, I never used a space in the name.  There were a few reasons for that:

  1. There's no space in geocache, which is what the name is based on
  2. When I make development folders/projects on my system, I don't use spaces in file or folder names
  3. There are no spaces in domain names
So to me, MonsterCache had no space. 

When Kent designed the graphics, he added a space.  I didn't have a problem with that, I didn't care much either way.  When I launched the app, I found that there were some technical advantages to having a space:
  1. When "Monster Cache" is displayed under the icon on the phone, it can line break at the space instead of line breaking at some weird point near the end
  2. Anyone searching in the store for Monster or Cache or "Monster Cache" will find the app if I have the space in it, but wouldn't find it with those terms otherwise
So eventually, I liked it with a space anyway.  I think that no spaces is more of a common thing for developers, but general public probably likes spaces.

Well, the USPTO did not like that I had applied for a trademark on the term MonsterCache (no space) and supplied graphical specimens that had "Monster Cache" with a space.  They denied it for now, but issued an "Office Action" that says that I can update one or the other.  Like I said, I prefer it with a space now.  AND I don't want to update all the graphics, or more specifically, have to have Kent update the graphics.  So I plan to alter the application to apply for "Monster Cache".

A funny thing I've learned about this is that apparently all the trademark applications are public information, because I've received several emails and letters from lawyers offering to help me with the application.  I got some when I first filed, and now that I have the Office Action, I got a a few more.  Two that I got for the Office Action offered to help for flat fees.  One was $175, the other $275.

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