Microsoft and the AZURE trademark

From the New York Times: “Searches on the U.S. Patent and Trademark Office database run throughout Monday failed to find either “Windows Azure” or “Azure Services Platform” as registered trademarks. Microsoft used both names to describe its Software and Services technology.”

I’m not even sure where to start with this article. Instead of dissecting the entire piece, all I will say for now is that Microsoft has successfully used Paris Convention priority many times. Its strategy in some cases has been to file trademark applications in countries which do not have an easily accessible trademark databases, such as Germany. Microsoft will then go about registering domain names and also filing trademark applications in other countries within 6-months of the original filing, thereby claiming a priority date of the original filing. It allows the company to operate in stealth mode while at the same time securing priority.

UPDATE: Sure enough, at least one US application is based on a foreign filing in South Africa.

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