"Freeform" Copyrights

[John Karamouzis]

Hello again ppl. I hope you are doing fine
I would like to know if the term "Freeform" is copyrighted by a company. I've know that Shamir tried to do that in Europe and they lost the trial in the courts. Normally this is a general term and I don't know if it can be copyrighted. Anyway if you know more please share the info. Thanks

[Judy Canty]

Freeform is a registered trademark by Shamir. Hence, the little "r" in a circle as a superscript in their literature.

[Jacqui]

Seems like a lot of companies are using the term without referenceing to Shamir. I thought Seiko owned it.

[shanbaum]

Shamir has four current trademarks involving the use of the word "freeform", as you can see here:

http://tess2.uspto.gov/bin/showfield...h=Submit+Query

The two most general marks, "Freeform" and "Freeform Technology" are claimed for "software for the production of eyeglass lenses". Interestingly, the drawing provided as evidence of use of these two trademarks (use in commerce being required for the registration to be effective) was a sheet of labels, apparently the same sheet for both, which almost certainly were applied to lenses, and not to software.

Generally, a word that was in general use in a trade prior to registration will not be enforceable as a trademark - for instance, if you managed to register "progressive addition" as a trademark for a certain kind of lens, and you sued someone for infringing on your trademark, you would almost certainly lose, and your trademark would be invalidated.

Disclaimer: My comments are offered for educational purposes, and not as legal advice. I am not your lawyer.

[rbaker]

If you go to the US Patent and Trademark Office web site and perform a Boolean search "freeform AND lens"you will find this:

http://tess2.uspto.gov/bin/showfield?f=doc&state=4001:vkdf3f.3.1

and:

http://tess2.uspto.gov/bin/showfield?f=doc&state=4001:vkdf3f.3.2

in both cases attributing the Registrant as Carl Zeiss Vision International GmbH GMBH FED REP GERMANY 73430 Turnstrasse 27 Aalen FED REP GERMANY

[rbaker]

By the way, here is a patent citation for "freeform lenses."

http://patft.uspto.gov/netacgi/nph-P...eform+AND+lens
.

[rbaker]

Here is Shamir's US patent:

http://patft.uspto.gov/netacgi/nph-P...eform+AND+lens
,

[shanbaum]

Originally Posted by rbaker

If you go to the US Patent and Trademark Office web site and perform a Boolean search "freeform AND lens"you will find this:

http://tess2.uspto.gov/bin/showfield?f=doc&state=4001:vkdf3f.3.1

and:

http://tess2.uspto.gov/bin/showfield?f=doc&state=4001:vkdf3f.3.2

in both cases attributing the Registrant as Carl Zeiss Vision International GmbH GMBH FED REP GERMANY 73430 Turnstrasse 27 Aalen FED REP GERMANY

Actually, Dick, those are trademarks for the words "Morphing Generation" and a mark including them. What makes the application interesting is that it illustrates the casual use and general applicability of the term "freeform", albeit long after Shamir's registration.

Jacqui, what Seiko has (roughly) is a patent covering lenses that combine corrections for presbyopia and astigmatism on the back surface of a lens.

[Darryl Meister]

This is often a poorly understood topic.

If the application of this information is important, you should have an official trademark search conducted. As Dick noted, you can get started with a free search at the USPTO's website to check the status of trademark applications filed in the United States. And note that you want to search trademarks, not patents.

Yes, it is difficult to obtain trademark protection for a word commonly used to describe the actual product, itself. It would be difficult, for instance, to trademark the word "Apple" for a line of apple pies, although you could trademark "Apple" for a line of computers.

And the word "freeform" or "free-form" is indeed a word that describes a type of irregular surface, particularly in the lexicon of optics surface, computer modeling, and numerically-controlled milling.

In fact, several companies own trademarks on the word "freeform" to describe everything from office furniture to exercise videos.

A search of the USPTO's trademark database lists several applications by Shamir for phrases that include the word "freeform," such as "Shamir Freeform Cosmetics," but I found only one live registration for the single word "Freeform," which describes "Software for the production of eyeglass lenses." Several other applications had been abandoned.

However, if you have more than a passing interest in this topic, or would like to find out for certain whether a particular word is available for protection in the US or elsewhere, I would highly recommend contacting an agency or attorney that specializes in trademarks or similar intellectual property matters.

[John Karamouzis]

Ok that seems to be the best solution. I just wanted an opinion of if you heard sth about it. Thank you very much for your time people. ^_^