Dell fails to trademark cloud computing

The US Patent and Trademark Office (USTPO) has refused permission to Dell to trademark the term 'cloud computing', after competitors said that the term was too generic.

Dell describes cloud computing as the "custom manufacture of computer hardware for use in data centres and mega-scale computing environments for others".

But the USTPO refused the claim "because the applied-for mark merely describes a feature and characteristic of applicant's services.

"In addition to being merely descriptive, the applied-for mark appears to be generic in connection with the identified services, and therefore incapable of functioning as a source-identifier for applicant's services."

Commenting on the ruling, Mike Lynd, intellectual property expert and partner at Marks & Cler, told Computer Weekly that he was not surprised that Dell's application had been refused.

"In a case such as this, it would be difficult to convince the Office that cloud computing is anything but generic in an appeal.

"Had this trademark been allowed, it would have given Dell a monopoly over a term clearly in descriptive use."

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