Patently Apple posted a piece about the USPTO refusing the trademark application of Apple for the term “Touch ID.” Apparently the application was denied over likelihood of confusion. The domain name TouchId.com is registered to a company in the Cayman Islands (Not Name Administration), it was registered 13 years ago. The domain is parked.
From the article:
Today, the US Patent & Trademark Office published an official letter that was sent to Apple regarding their trademark application for “Touch ID” having been refused by their trademark examiner. Noteworthy is the fact that the letter was originally sent to Apple on May 7 and only made public today. That’s over a two month delay. The case against Apple’s Touch ID being registered seems to be solid and valid. Apple officially has six months to reply to USPTO with a work-around remedy or risk automatic trademark abandonment. With Apple likely to add their Touch ID feature to new iPads this fall, it’ll be interesting to see how Apple reacts to this latest news.
An interesting point made by USPTO was in regard to “Infinite Wording.” According to USPTO “In the identification of goods, applicant must use the common commercial or generic names for the goods, be as complete and specific as possible, and avoid the use of indefinite words and phrases. If applicant uses indefinite words such as “accessories,” “components,” “devices,” “equipment,” “materials,” “parts,” “systems” or “products,” such words must be followed by “namely,” followed by a list of the specific goods identified by their common commercial or generic names.”
Read the full article here
Mark Gurman of 9 to 5 Mac did a piece on Swiss watch maker Swatch stating that they will look to fight Apple on trademarking “iWatch”. Now Apple already has trademarked the term in Japan, Mexico and Turkey according to the article.
From the article:
We assess the likelihood of confusion as given, the marks are confusingly similar. In all countries where the mark is registered, we go against it before.
While Swatch says it will fight the trademarks, the watch maker will not give specifics as to how it plans to do so. According to U.S. government filings, Swatch has moved in the past to block companies from registering the iWatch trademark:
This will prove to be an interesting case to see how Apple deals with the Swiss based watch maker. Will they pay them not to file an opposition ? Will they just move forward without any concession and try to get the mark through in the U.S. ?
Apple just reported second quarter earnings and the stock is up in after hours trading. The stock closed down 1.31 % to $524.75 on the trading day but is up $43 in after hours trading.
NASDAQ: AAPL – Apr 23 5:25 PM ET
From 9 to 5 Mac
Apple just announced its second quarter results for 2014 with revenue for the quarter coming in at $45.6 billion. That’s compared to the guidance it previously provided of $42 – $44 billion and estimates by analysts averaging approximately $43.5B. Apple’s $45.6 billion in revenue reported today is also up from the $43.6 billion in revenue in the year ago quarter.
Break down of device sales for Q2 2014 include 43.7m million iPhones, 16.3 million iPads, and 4.1 million Macs. Compare that to an average of 38M iPhones, 19.3M iPads, 4M Macs, and 3M iPods predicted by the analysts leading up to today. In the same quarter last year, Apple sold 37.4 million iPhones, 19.5 million iPads, just under 4 million Macs, and 5.6 million iPods.
It also reported net quarterly profit of $10.2 billion, or $11.62 per diluted share in contrast to quarterly net profit of $9.5 billion, or $10.09 per diluted share in the same quarter last year.
Read full article here
It looks like Apple is going to name their smart watch the “iWatch”
In an article written by Chris Smith for BGR.com, it seems that a trademark registration filed by Brightflash USA LLC has the same address that Apple has used in the past when trademarking iSlate. The same address was used to register the Car Play trademark by a company called, Carplay Enterprises.
From the article
Now that Apple has been seen further extending its company trademark to cover Class 14 devices including watches, a new piece of evidence seems to indicate that there’s apparently little doubt as to what Apple’s smartwatch will be called. French publication Consomac has discovered that Apple has quietly applied for “iWatch” trademarks in many markets around the world, including the U.S., by using a discrete dummy company called Brightflash.
While this is not official confirmation that Apple will indeed refer to its smartwatch line as the iWatch, it certainly fits with the previously revealed Class 14 Apple trademark filings. It is believed that the company is trying to maintain as much secrecy as possible around its products by using dummy companies to register trademarks for unannounced devices.
Read the full article and TM filing here.
The domain iwatch.com is owned by Anything.com and has been registered since 1998.