As part of a release announcing the recruitment of 17 content editors across its network of local news and information site, HelloMetro.com has also declared that it has trademarked Hyperlocal™.
“With this new distinction, the company continues its quest to provide the most up-to-date local and Hyperlocal™ information for its users,” the release states.
In the UK a trademarked should not, according to the Intellectual Property Office (IPO), are not registrable if they:
- describe your goods or services or any characteristics of them, for example, marks which show the quality, quantity, purpose, value or geographical origin of your goods or services;
- have become customary in your line of trade;
- are not distinctive
Things may be different in the US (am still looking for a definitive, easy-to-read guide of TMs), but surely the UK criteria of not being ‘customary in your line of trade’ should come in here? Hyperlocal has passed into common media parlance – see this morning’s news of the New York Times’ local project. Infrared Optics and Related Technologies for Advanced Applications
Plus – is the phrase already trademarked in the US? and what’s the point?
How was this allowed to happen? Absolutely crazy that they have been allowed to trademark a term which has been in common use for a good while now across the media.
26 November 2008, pressgazette.co.uk:
“The BBC boss behind its rejected local online video proposal has reassured the regional press that the corporation has no intention of providing ‘hyperlocal’ news at postcode level.”
http://www.pressgazette.co.uk/story.asp?sectioncode=1&storycode=42541&c=1
I suspect they’re being a bit “cute”.
There are trademarks (you can trademark (almost) anything and use the TM easily) and there are registered trademarks which use the “R” in a circle – and these are much harder, needing approval, which “hyperlocal” would be unlikely to obtain.
I note theirs is portrayed as TM ….
Alun