What is real
is not external form.



CONSTANTIN BRANCUSI

Apple wins iPad trademark dispute

08.05.2019


A district court in US has recently ruled in favor of Apple in a trademark dispute with RXD Media over the name ‘iPad’. The issue started in 2012, when RXD Media has claimed it was the first to use the name in its ‘ipad.mobi’ platform, established two years before Apple launched on the market its tablet. The recent ruling is upheld by Trademark Trial and Appeal Board which argued in favor of Apple in 2018.

RXD Media claimed that the Apple’s use of ‘iPad’ is confusing, but the judge that handled the case argued with the following reasons: “even assuming the evidence of record regarding use of IPAD.mobi, iPad.mobi, or variations employing design elements, can be considered as demonstrating use of IPAD as a standalone mark by Opposer, we nonetheless find that the term IPAD is merely descriptive of Opposer’s services and that Opposer has failed to establish that such term had acquired distinctiveness.”

So, RXD Media didn’t provide any evidence that its trademark should have been considered to be the standalone ‘iPad’, and by that, priority in the rights to the ‘iPad’ trademark cannot be assigned to them. Neither can they enforce any trademark rights against Apple.

Also, during the process, Apple submitted a counterclaim that RXD is infringing on their ‘iPad’ trademark. The same judge agreed, saying the evidences of infringement are speaking for themselves.

14.09.2020

Registration criteria for slogans

Although many famous slogans enjoy incredible success, many others face the barrier of not being able to be registered. What could be the main reason why a short series of words cannot be registered? What is the definition of a slogan? Before finding out the reasons why certain slogans cannot be registered, we need to ( learn more )

08.09.2020

Readying your brand to go abroad

The internet’s boundless borders have paved the way for small businesses to become international. Businesses that operate online also maintain multiple platforms of operation, including a website and social media accounts, and thereby increasing visibility and access to both consumers and potential brand abusers alike. Having brand protection that spans borders and countries is becoming ( learn more )

17.08.2020

Auditory Trademark, a Branding Tool

Every business seeks recognition through a distinctive element that would help them attain a superior position in their consumers’ mind. Such a distinctive element can take the form of a sound which can be complex, such as the sounds produced by different musical instruments, or a simple sound, such as mechanical sounds. Whether the sound ( learn more )