Google submits 1,928 pages arguing for a trademark of the word ‘Glass’

“Google’s attempt to trademark the word ‘Glass’ is being met with opposition at the US Patent and Trademark Office,” Casey Johnston reports for Ars Technica.

“The term’s generic nature and the potential for customer confusion about other products that involve the word ‘Glass’ are two of the office’s biggest concerns, but Google continues to push back,” Johnston reports. “The company has already successfully trademarked ‘Google Glass.'”

“Google responded on March 20 to the examiner’s objections with a 1,928-page document demonstrating the variations of “Glass” trademarks that customers are currently able to distinguish between,” Johnston reports. “Google also submitted the argument that ‘the sophistication of the purchasers of goods offered under the respective marks weight against finding a likelihood of confusion’ — essentially, people who would buy Google Glass are too smart to not know what ‘Glass’ refers to.”

Read more in the full article here.

a prototypical glasshole
A prototypical Glasshole
“At least one company is opposing Google’s bid. In December, Border Stylo, LLC, the developer of a browser extension called “Write on Glass,” filed a notice of opposition against Google,” Jacob Gershman reports for The Wall Street Journal. “Last month, Google struck back, filing a petition to cancel Border Stylo’s trademark. Lawyers for Border Stylo couldn’t be reached for comment.”

“Google doesn’t necessarily need a federal registration to call its product ‘Glass’ or enforce a trademark on the word, says Josh Gerben, a trademark attorney in Washington, D.C. who doesn’t represent either company,” Gershman reports. “But if Google’s trademark effort falls short, he told Law Blog, it could make it harder for the company to protect the trademark or sue for infringement.”

“Gerben said that while Google could avoid a trademark fight by just referring to its device as “Google Glass,” a single, simple word has obvious marketing advantages,” Gershman reports. “‘They just want to call it ‘Glass.’ They don’t want to have to call it ‘Google Glass,’’ he said.”

Read more in the full article here.

MacDailyNews Take: Google doesn’t need a trademark for ‘Glass,’ they need a tardmark™.

Related articles:
Spyware app can secretly take photos from Google Glass without user’s knowledge – March 26, 2014
Google Glass-wearing woman claims attack at San Francisco bar – February 26, 2014
Scoble: Google Glass is doomed – January 2, 2014
One year wearing Google Glass: ‘Look at that asshole’ – December 31, 2013
Why an Apple iWatch has better chances than Google Glass – November 6, 2013
Apple’s Siri lambastes Google Glass – August 26, 2013
Google Glass ban list grows; top 10 places banning Google Glass – August 7, 2013

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  1. Never underestimate the stupidity of the USPTO.

    Just remember that Microsoft got a trademark on the word “Windows” for computer software and related fields even though people had been using the term “windows” generically in the implementations and use of computer software (and publicly calling them that) for at least a couple years before Microsoft filed for trademark protection. (By some estimates the first use of the term “Windows” with regard to computer software implementations was more than five years before Microsoft filed.) You’re not supposed to be able to trademark a generic term already in use in the industry in question, but Microsoft was allowed to do so.

    Thus, if Microsoft could trademark “Windows” well after the fact, I will not be surprised if Google is issued a trademark for “Glass”.

    It does not make it right, but since when has that stopped the USPTO from issuing something?

    1. But wasn’t MicroSloth shot down when they tried to stop other software companies from using the descriptive phrase open(s) a window, when referring to said action. Just like Mr. Hair was refused to patent, or was it trademark, the word Trump.

    2. I’m pretty sure my 128k Mac manual had the term “windows” in it years before MS even copied the concept, much less applied for the trademark.

      And there’s a huge difference here – people aren’t likely to be lining up to get their own version of Glass like they did windows/Windows.

    3. I think you’re correct Shadowself. I’m not a lawyer, but I’ve done a lot of IP work. The difference for Microsoft (with Windows) and other generics is when the term is either used in conjunction with a name (Microsoft Windows, Apple Computer) or when it’s in a totally different context. In the case of “Glass”, not using it as “Google Glass” may be a problem because “Glass” may be too closely associated with “Glasses”.

      I can’t seem to find anything relevant to this case (quickly), but it would be interesting to see how they would deal with trademarking Glass and having everyone else free to use the word “Glasses”.

      Either way, this should be an interesting case.

  2. I would not be surprised if they won a trademark for this **EVENTUALLY**. I don’t think the PTO will grant it now. The core question is whether the generic term has gained some sort of secondary meaning. The term “glass” to refer to the device probably isn’t well-known enough nationally, although it is very popular among techies.

    SCOTUS has held that even *color* in some contexts is enough for a trademark.

  3. 99.9999% of the text, contains the words *derp* *derp* *derp* *derp* *derp* *derp* *derp* *derp* *derp* *derp* *derp* *derp* *derp* *derp* *derp* *derp* *derp* *derp* *derp* *derp* *derp* *derp* *derp* *derp* *derp* *derp* *derp*… and so on.

  4. If you have to submit 2000 pages argument for something…….then I guess you are arguing with the wrong people. THIS JUST PROVES THE STUPIDITY OF THE WHOLE AFFAIR AND THE PEOPLE INVOLVED IN IT.

  5. The fact that Google are trying to get an existing trademark struck down, just so they can get their own accepted shows them to be a bunch of petulant, immoral and unethical children.

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