by Traverse Legal, reviewed by Enrico Schaefer - October 12, 2010 - p. Trademark News
Just because you achieve trademark registration with the USPTO, does not mean you automatically win.
There’s been a lot of press lately about Apple’s trademark application for “there’s an app for that.”
But just because Apple is able to navigate the requirements of the United States Patent and Trademark Office for its trademark registration, does not mean Apple would automatically win. Apple’s registration for this trademark indicates a “first use anywhere” of January 26, 2009. Take a look at these Goolge Search results for “there’s an app for that” from January 1, 1989 to January 1, 2008, before Apple started using the phrase to designate its slogan.
It appears that Apple stole its slogan prior to Apple’s first use. At a minimum, there will be many arguments for “fair use” as merely descriptive language for various software applications.
As a founding partner of Traverse Legal, PLC, he has more than thirty years of experience as an attorney for both established companies and emerging start-ups. His extensive experience includes navigating technology law matters and complex litigation throughout the United States.
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by attorney Enrico Schaefer, who has more than 20 years of legal experience as a practicing Business, IP, and Technology Law litigation attorney.
