Tuesday, April 15, 2014

Google's Attempt to Register "Glass" As a Trademark Stalls

"Google Glass" is already registered as a trademark, but now, Google is having difficulty getting a registration for its "Glass" mark:




Recently, the USPTO rejected the registration citing applications filed prior to Google's application, likelihood of confusion and the mark is descriptive.  In response, Google's attorneys provided almost 2,000 pages of news articles about Google Glass in an attempt to show that there can be no confusion because of all the press.  The argument goes that since Glass has gotten so much press, consumers are not likely to confuse that mark with anything else.  The attorneys, of course, also argue that the term is not descriptive.  

Everything I've ever read (and it has not been 2,000 pages of articles) has used the term "Google Glass," not just "Glass" alone.  Not sure Google can overcome this rejection, but maybe "might makes right" on this one? Stay tuned. 


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