Google launched its Gmail service on April 1, 2004. However, Giersch has been running his own Gmail service since 2000. A German court has now ruled that Daniel Giersch holds the “Gmail” trademark in Germany, ending Google’s legal battle for the name.
“Google owns the ‘Gmail’ trademark in over 60 countries worldwide and we have used it ever since we launched the service in 2004,” Google said in an e-mailed statement. “While we regret the German court’s decision, it will in no way affect our ability to continue to provide Web e-mail to our users in Germany. Our German users will continue to use ‘Google Mail’ and enjoy the same experience as users of Gmail worldwide.”
Google lost a similar trademark case to U.K.-based financial services firm Independent International Investment Research (IIR) in 2005. IIR subsidiary Pronet Analytics.com Limited has been offering a Gmail service to currency investors since 2002, according to U.K.-based IT publication The Register.
Generally, the first person to use a mark wins the trademark. In the US, Precision Research claims to have used gmail since January 1998. The Gospel Music Association has sent members its Gmail e-mail newsletter since 1999.
Its not just gmail, of course. Stelor Productions filed two briefs opposing Google’s trademark registration for Google. Stelor has held a trademark on the term “Googles” for children’s books since 1994 and applied to extend that to computer services, including e-mail, online bulletin boards and general kid-friendly information.
