Intellectual Property Law

Apple has a new trademark.

By Anthony Verna, Esq.

"Numbers," so say the rumors, is going to be the name of Apple's new spreadsheet software for a new suite of office software for the Mac. The article deals with Apple's European trademark filings, so a look at the U.S. Patent and Trademark Office database reveals that "NUMBERS" is Published in Class 009 (which is where computer software is classified - as electrical and scientific apparatuses) for the goods and services of "computer software for home, education, business, and developer use."

Unlike the European applications, Apple is only claiming software but also claims what is called priority. This means that Apple is basing this trademark application not only on its own use of "NUMBERS" in the United States, but also on an application in another country so it can have the filing date and details of the earlier application. In this case, it is Malaysia. That means Apple is most likely going to try to apply "NUMBERS" in the same classes and same goods as it is in Malaysia (like Apple is doing in Europe).

Also, the U.S. application for "NUMBERS" has no date to indicate the first use of "NUMBERS" in commerce. That is because there is no date that Apple has used "NUMBERS." This is called an intent-to-use trademark application.

Apple has filed based upon its intent to use it in for the goods and services claimed in the application. When this trademark is allowed (the trademark registrant receives a Notice of Allowance from the U.S. Patent and Trademark Office), Apple has six months to show that the company is using the mark in the goods and services claimed. After that period, the trademark may be registered.

Full post as published by Trademark, Copyright and Entertainment Law Forum on July 18, 2006 (boomark / email).