Local Company Fights For Rights To Name

Fall River, Massachusetts - American Advanced Power Incorporated (AAP), a start-up company operating in the UMass Dartmouth Advanced Technology and Manufacturing Center, is battling the United Parcel Service in the U.S. Patent and Trademark Office (PTO) over the right to the acronym ?UPS?.

Fall River, Massachusetts – American Advanced Power Incorporated (AAP), a start-up company operating in the UMass Dartmouth Advanced Technology and Manufacturing Center, is battling the United Parcel Service in the U.S. Patent and Trademark Office (PTO) over the right to the acronym “UPS”. 

AAP, a pioneer in research and marketing of uninterruptible switching power supplies for computers and computer based instruments, began using “UPS2” as a trademark for their unique product lines which combine uninterruptible power supplies and switching power supplies in a single device. AAP sought a federal registration for that trademark on its use of the acronym “UPS2” on December 24, 2001. The federal patent office ruled favorably on AAP’s application and allowed the company to use “UPS2” effective on May 7, 2002. United Parcel Service opposed the application alleging any form of the acronym “UPS” could only rightfully be used by the United Parcel Service. 

In the information technology industry, “UPS” is a term that means uninterruptible power supply. According to company officials, it also means “Underground Press Syndicate” said Mr. Yan Gao, President of AAP. “We told the brown guys we are not interested in parcel delivery services, but they don’t seem to care. If they think we will just fold, they are wrong.” 

AAP’s intellectual property attorneys, Kirk Teska and Roy J Coleman of Iandiorio and Teska, have procedurally answered the United Parcel Service’s Notice of Opposition or complaint. The patent office will set definite time periods for conducting discovery and briefing and will ultimately rule on the merits of United Parcel Service’s appeal to the ruling in favor of American Advanced Power. 

“Large companies have a history of attempting to monopolize a particular word or phrase and they are losing that argument,” said Attorney Teska. “The PTO is nothing if not practical and we are confident they will view this as a case of the United Parcel Service attempting to illegally monopolize the acronym ‘UPS’ in any form and for all purposes. No one can convince any reasonable person that ‘UPS’ only means United Parcel Service when the evidence is clear that it does not,” added Teska. 

For additional information about American Advanced Power Inc contact: 
Yan Gao, 151 Martine Street, Fall River, MA 02723 
Phone: 508-675-2000, Fax 508-910-9872 
URL: www.ups2.com 

For additional information of Iandiorio and Teska, please contact 
Roy J. Coleman, 260 Bear Hill Road, Waltham, MA, 02451 
Telephone: 781-890-5678 
Fax: 781-890-1150 
URL: www.iandiorio.com 


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