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Register a trademark? or How we were forced to change the name of the application

Hi, Habr! Today I will tell you a terrible story.


One morning, when I opened the mailbox, I saw two letters of similar content: "You received a complaint about trademark infringement." The first was from the legal department of Apple, the second from a robot from Google. But let's get everything in order.



I started developing the Galileo application back in the distant 2010th year. It was a simple application for viewing and caching OpenStreetMap maps. Then, before the release of the application, you had to choose a name. To make it easy to pronounce and remember, there was some kind of reference to maps or travels, etc., the name Galileo was fine. When I thought about registering a trademark, I initially dismissed this idea. Galileo Galilei - a historical figure, is unlikely to give us to register any rights to his name. And what right do we have?


Galileo Galilei (1564-1642), woodcut, published in 1864. ZU_09 / Getty Images


As it turned out, very vain. It was possible and necessary to register, and not the entire name, but only Galileo, together with the scope. Then, returning to the idea of ​​a trademark, I asked my friends: did anyone register a trademark for their applications? Everyone was in a hurry to buy a domain, register accounts in social networks, and stake out a good name in the store. None of the respondents contacted the trademarks.


Galileo Satellite © ESA


At the end of 2016, the global satellite navigation system Galileo was officially commissioned. New satellites are launched into space, devices with Galileo support are coming out, a lot of news about Galileo is published. We naively enjoy a great name. After all, many users come to our application and we are number 1 for the request "Galileo". Register a trademark? Why, we are a modest application for tourists, and they are a satellite navigation system. No intersection of use, we thought.


In January 2019, the Galileo and Galileo Pro for Android apps were removed from sale in the European Union.


Google email

Galileo Offline Maps and Navigation, with package ID com.bodunov.galileo, has been removed from Google Play in the following locale (s): AT, BE, BG, CY, CZ, DE, DK , EE, ES, FI, FR, GB, GR, HU, IE, IT, LT, LU, LV, MT, NL, PL, PT, RO, SE, SI, SK


REASON FOR REMOVAL: Alleged trademark infringement.


Galileo Offline Maps and Navigation has allegedly been subject to a violation of the Developer Program Policies.


All violations are tracked. Google account.


European Union - European Commission at [removed email]. We will reinstate the app.


Please note that we received your reference. If you have any information, please contact us.


The google play team


Behind him came a letter from Apple and similar content. Apple, unlike Google, did not begin to remove the application from the store, but started the proceedings and offered the parties to agree, showing who had any trademarks and where to solve the issue peacefully. There was also mentioned the brand name for the word "Galileo" number 017287129 . This trademark restricted the use of the word Galileo in devices and applications related to navigation or recording of tracks and in many other places.


Scopes of a trademark 017287129

9 Software, receivers and other devices using satellite signals; Satellite navigation, satellite position, navigation apparatus; Magnetic data carriers for data and satellite services; Electronic positioning and guidance systems; Satellite navigation equipment; Position determination-, navigation-, satellite navigation-, and radio navigation computer software (recorded programs); Database containing navigation data; Satellites; Satellite earth stations; Satellite navigation devices; Satellite apparatus (receivers, transceivers, processors, transmitters); Satellite navigation system namely a global positioning system.
39 Navigation services using satellite based positioning systems; Global Navigation Satellite Systems signals.


After a meeting with familiar lawyers, it was decided to change the name. The chances of winning a trial against the European Space Agency are insignificant, and there was nothing to go to court with. Yes, we had an application before the application was submitted, but the deadline for submitting objections has expired and it is unlikely that something could be done.


In order not to be in such an unpleasant situation, it is necessary to check the existing trademarks in the EU and the USA and, without shelving them, register one’s own. In the EU, it costs from 850 euros, in the US $ 225-400 for each class.


What ended this story? The application Galileo Offline Maps has become known as Guru Maps . Ban on sale on Google Play removed. Users were treated with understanding and the level of downloads has changed slightly. On request "Galileo" we are still number 1 in all stores.


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Source: https://habr.com/ru/post/444844/


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