User talk:Jean william: Difference between revisions

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Please note the name of our company is "planet .ECO®" not Planet.ECO. [[User:Jean william|Jean william]] ([[User talk:Jean william|talk]]) 22:33, 13 January 2021 (UTC), JW

===Page locked===

Thanks Jean for the feedback regarding the inconsistent presentation of your LLC's name. We are of course happy to use your preferred case and spacing for the name. However, I note that your certificate of formation with the CT Secretary of State does not include the circle-R, which is (at least in my experience) not something that one can normally include in a business name.<ref>[https://www.concord-sots.ct.gov/CONCORD/online?sn=PublicInquiry&eid=9740 CT Secretary of State Business Division]</ref>

I understand that your .ECO word mark is registered in the "Advertising agency services; Database management" classes of goods and services.<ref>[https://tsdr.uspto.gov/#caseNumber=88917823&caseSearchType=US_APPLICATION&caseType=DEFAULT&searchType=statusSearch USPTO TSDR - Serial No. 88917823]</ref> This does not mean that you are the owners of the TLD. As you no doubt recall, your application to register a design mark for "Domain registry operator services featuring the TLD in the mark, in Class 42" was refused registration because it was deemed deceptive.<ref name="usptorefusal">[https://tsdr.uspto.gov/documentviewer?caseId=sn87067173&docId=OOA20170313085952#docIndex=6&page=1 USPTO - Final Office Action, Serial Number 87067173]</ref> That refusal specifically rejects the notion that planet .ECO could register a trademark for domain registry services without a Registry Agreement between planet .ECO and ICANN:

<blockquote>The applicant is advised that even if the applicant’s application were still pending at ICANN, this application would not be approved for publication. See TMEP §1215.02(d)(iii). <nowiki>[If]</nowiki> there was evidence of record that the applicant’s ICANN application were still pending, action on this application would be suspended until the applicant submitted evidence that it had entered into a currently valid Registry Agreement with ICANN, designating the applicant as the Registry Operator for the TLD identified by the mark. See id.<ref name="usptorefusal" /></blockquote>

The cited section of the Trademark Manual of Examining Procedure states that registration will be refused as ''de facto'' deceptive if the applicant cannot provide evidence that it has entered into a Registry Agreement to provide registry services for the TLD included in the mark.<ref>[https://tmep.uspto.gov/RDMS/TMEP/current#/current/ch1200_d2241d_26064_157.html Trademark Manual of Examining Procedure, §1215.02(d)(iii)]</ref> In short, you were refused trademark registration because such registration would have deceived the public into believing that you were the registry of record for the .eco domain.

The refusal also notes that decisions made by ICANN have nothing to do with the Patent and Trademark Office's work, and neither entity has jurisdiction over the other. Your cannot make your trademark ownership "mean something" in reference to ICANN's application and delegation processes by force of argument or will. ICANN and IANA records make it clear that Big Room's application was accepted, and that the .eco domain was delegated to Big Room Inc.<ref>[https://gtldresult.icann.org/applicationstatus/applicationdetails/1753 ICANN - ECO Application history - Big Room Inc.]</ref><ref>[https://www.iana.org/domains/root/db/eco.html IANA Delegation Record]</ref>

Your efforts to revise this history are counterproductive to the goals of the wiki. Since my original message, I have learned that you have been suspended from this wiki more than once for making similar attempts to edit material relating to the .eco domain. I have locked editing permissions on the .eco page to admins only. Respectfully, should you continue to make edits to the wiki that attempt to contradict established facts, your account privileges will again be revoked. --JP

==References==

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 Please note the name of our company is "planet .ECO®" not Planet.ECO.  [[User:Jean william|Jean william]] ([[User talk:Jean william|talk]]) 22:33, 13 January 2021 (UTC), JW
+===Page locked===
+Thanks Jean for the feedback regarding the inconsistent presentation of your LLC's name. We are of course happy to use your preferred case and spacing for the name. However, I note that your certificate of formation with the CT Secretary of State does not include the circle-R, which is (at least in my experience) not something that one can normally include in a business name.<ref>[https://www.concord-sots.ct.gov/CONCORD/online?sn=PublicInquiry&eid=9740 CT Secretary of State Business Division]</ref>
+I understand that your .ECO word mark is registered in the "Advertising agency services; Database management" classes of goods and services.<ref>[https://tsdr.uspto.gov/#caseNumber=88917823&caseSearchType=US_APPLICATION&caseType=DEFAULT&searchType=statusSearch USPTO TSDR - Serial No. 88917823]</ref> This does not mean that you are the owners of the TLD. As you no doubt recall, your application to register a design mark for "Domain registry operator services featuring the TLD in the mark, in Class 42" was refused registration because it was deemed deceptive.<ref name="usptorefusal">[https://tsdr.uspto.gov/documentviewer?caseId=sn87067173&docId=OOA20170313085952#docIndex=6&page=1 USPTO - Final Office Action, Serial Number 87067173]</ref> That refusal specifically rejects the notion that planet .ECO could register a trademark for domain registry services without a Registry Agreement between planet .ECO and ICANN:
+<blockquote>The applicant is advised that even if the applicant’s application were still pending at ICANN, this application would not be approved for publication.  See TMEP §1215.02(d)(iii).  <nowiki>[If]</nowiki> there was evidence of record that the applicant’s ICANN application were still pending, action on this application would be suspended until the applicant submitted evidence that it had entered into a currently valid Registry Agreement with ICANN, designating the applicant as the Registry Operator for the TLD identified by the mark.  See id.<ref name="usptorefusal" /></blockquote>
+The cited section of the Trademark Manual of Examining Procedure states that registration will be refused as ''de facto'' deceptive if the applicant cannot provide evidence that it has entered into a Registry Agreement to provide registry services for the TLD included in the mark.<ref>[https://tmep.uspto.gov/RDMS/TMEP/current#/current/ch1200_d2241d_26064_157.html Trademark Manual of Examining Procedure, §1215.02(d)(iii)]</ref> In short, you were refused trademark registration because such registration would have deceived the public into believing that you were the registry of record for the .eco domain.
+The refusal also notes that decisions made by ICANN have nothing to do with the Patent and Trademark Office's work, and neither entity has jurisdiction over the other. Your cannot make your trademark ownership "mean something" in reference to ICANN's application and delegation processes by force of argument or will. ICANN and IANA records make it clear that Big Room's application was accepted, and that the .eco domain was delegated to Big Room Inc.<ref>[https://gtldresult.icann.org/applicationstatus/applicationdetails/1753 ICANN - ECO Application history - Big Room Inc.]</ref><ref>[https://www.iana.org/domains/root/db/eco.html IANA Delegation Record]</ref>
+Your efforts to revise this history are counterproductive to the goals of the wiki. Since my original message, I have learned that you have been suspended from this wiki more than once for making similar attempts to edit material relating to the .eco domain. I have locked editing permissions on the .eco page to admins only. Respectfully, should you continue to make edits to the wiki that attempt to contradict established facts, your account privileges will again be revoked.  --JP
+==References==
+{{reflist}}