Formal trademark registration for the name "osCommerce" has been granted to the splinter group osCommerce Project by the United Kingdom Intellectual Property Office. The trademark registration went unopposed by the original osCommerce group, headed by Harald Ponce de Leon, despite its vow to oppose it.
Ownership of the trademark allows the group, doing business as eCommerce Ventures Ltd., to use the "R" symbol to indicate the mark is formally registered, to enforce licensing of the trademark within the United Kingdom, and to sue those who use it improperly. The group can also apply for further trademark registration within the European Union under the Madrid Protocol and in other countries.
"We took this measure because we could no longer ignore the vocal opposition to our project and the adverse effect it was having upon our business. By securing the trademark we secure our right to use the name," said Rhea Anthony, managing director of the company.
Formal ownership of the trademark "osCommerce" allows the group to charge a fee and to set standards and policies on how the mark is used within the U.K., including in Google AdWords, in hidden meta tags in a Web site, and in domain names as well as in other usage in the U.K. The group can prevent unauthorized use of the mark on products that are identical or similar to the registered mark. Those who do not comply may be asked to cease using the name and may be sued in U.K. courts.
You'll find the official registration here.
Kerry Watson is a regular contributor to ECommerce-Guide.com, as well as a consultant and author of 14 books in the OSC industry including the newly updated CRE Loaded User Manual for All Versions. Her Web sites are osCommerceManuals.com and PithyProductions.com.