Google tried to run an end-around on a German trademark holder of the Gmail name by seeking a European Union trademark for it.

The EU’s trademark office rejected Google’s attempt to grab the Gmail trademark away from Daniel Giersch, who owns the “G-mail” trademark. Check out what “don’t be evil” Google tried to get the trademark agency to accept with its testimony, as noted by Bloomberg:

The trademark agency rejected Google’s argument that there was no risk of confusion with its Gmail name when looking at Giersch’s slogan as a whole. The main element of his trademark is the word G-mail, according to the agency, the Office for Harmonization in the Internal Market. The second part of the slogan and the black and yellow colors, which are different from Google’s, are of secondary importance, it said.

“The common element Gmail, with or without a hyphen, gives the signs an overall visual, phonetic and conceptual similarity, which is such that the relevant public” when confronted with the names in the electronic mail industry “will be misled,” the agency ruled.

Google has the option to appeal this decision to the Court of First Instance in Brussels. They might be better off sending someone to Giersch’s office, cracking open a checkbook, and asking him to fill it in with whatever number he likes. Obviously whatever Google has offered to date hasn’t been sufficient, and courts in Europe keep siding with him.

Posted on Tuesday, March 18th, 2008 at 10:26 am. Permalink