Apple Files Trademark Application for New Icon Based on Prior-Filed App in Trinidad & Tobago

As one might expect, Apple Inc.'s federal trademark portfolio is quite expansive. As I've blogged about before, Apple has filed over 1,000 trademark applications with the U.S. Patent and Trademark Office, including several for the various icons found on many of its electronic devices.

An application filed on  March 22 appears to be for one of those icons. One that date, Apple filed a federal trademark application for design seen below covering "computer software for transmitting, streaming, receiving, playing, routing and storing audio, video, images, and multimedia content" in Class 9.

Apple filed the application for this icon on an intent to use basis, suggesting it is not yet using this mark but has a bona fide intention to do so in the near future.

Interestingly, Apple is claiming, under Section 44(d) of the Trademark Act (15 USC 1126(d)), a priority date of September 23, 2016 based on a trademark application for this mark it filed in Trinidad and Tobago on that date. This is a strategy Apple and other companies have been known to use to establish an earlier filing date while keeping the contents of the trademark application secret, because some countries, like Trinidad and Tobago, do not maintain publicly accessible trademark databases like the U.S. Under Section 44(d), so long as the U.S. application is filed within six months of the foreign application, and the applicant has a bona fide intent to use the mark in the U.S., an applicant can claim priority relating back to the filing date of an application filed in most foreign countries. See also TMEP 1003.

So what is this new icon? Is it related to the iPhone 8 set to be released later this year? As far as I can tell, it appears to be a combination of the AirPlay and AirDrop features on the current iPhones (pull up the shortcut menu from the bottom of your screen and you'll see what I mean). Other than that, it is unclear.

Although Apple has filed thousands of trademark applications in the past, 2017 seems to be off to a slower start. According to my quick count, Apple has filed only four U.S. trademark applications so for (including one of the icon above). Two of those applications were related to television shows: one for VITAL SIGNS covering, in part, "entertainment services in the nature of ongoing television programs in the field of drama" and the other for PLANET OF THE APPS covering, in part, "an ongoing reality based television program provided through the Internet."

How to Lose Your Trademark Filing Fee - File IPHONE mark

In another lesson on what not to do, an individual in Texas (without the help of an attorney, it seems), filed a federal trademark application for IPHONE AIR as it relates to cell phones, cell phone software, cell phone accessories, and a variety of other related products. This application is in serious trouble considering when I first clicked on it, I thought Apple was in the process of developing an "Air" version of the iPhone, only to find out this application was not filed by Apple, Inc. (this is the kind of confusion trademarks laws are designed to prevent).

It goes without saying that Apple, Inc. holds many, many trademark applications or registrations for both iPhone and the iPad Air and that the above application clearly conflicts with Apple's previous registrations. Given that Section 2(d) of the Trademark Act prohibits the registration of any mark that so resembles a previously registered mark that it is likely to cause confusion among consumers, the Trademark Office will surely issue the above application an Office Action refusing to register it on those grounds.

Even if the Trademark Office did not issue an office action (which is impossible), Apple would file an opposition to this mark during the publication phase at the end of the registration process. During this phase, a pending trademark application is published in the Trademark Office's Official Gazette for 30 days. During that time, anyone who feels they may be damaged by the registration is allowed to file an opposition to the application. Filing this opposition will initiate a lawsuit-like proceeding in front of the Trademark Trial and Appeal Board (TTAB).

The lesson? Work with a trademark attorney who can help you identify issues like the above. At the very least, an attorney can help you reduce the risk of losing your nonrefundable filing fee like the applicant above. His $225 fee is all but lost.

Apple Files Trademark For "Activity" App Logo Days Before September Special Event

On August 26th, Apple, Inc. filed a federal trademark application for the app logo below as it relates to

computer software for tracking, storing, viewing, monitoring, displaying, transmitting and managing user interaction data concerning exercise, physical activity, steps taken, distance walked or run, time standing or sitting, calories consumed, calories burned; computer software for tracking, monitoring and managing information and goals regarding a heath and fitness program; computer software for mobile telephones and mobile digital electronic devices[.]

The filing comes exactly two weeks before Apple's September 9th Special Event in which the company is expected to release a new iPhone 6S and iPhone 6S Plus along with a new, sleeker version of Apple TV. Apple submitted the screenshot below as proof of the application's use in commerce.

The application states Apple has been using this app logo since April 24, 2015 (which is exactly the date Apple Watch released) but I could not find it in the App Store for the iPhone. However, it does appear that this app is already being used on the Apple Watch. I also found at least one article reporting that this app appears on your phone after you connect it with an Apple Watch.

Given the timing of Apple's recent filing, and the language in the trademark application related to "computer software for mobile telephones," I would not be surprised if this new Activity App received some attention at the company's September 9th Special Event.