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Apple Sues US Patent Office For Rejecting Its Trademarks

By Mikelle Leow, 28 Feb 2024

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Photo 197376544 © Sergii Figurnyi | Dreamstime.com

 

Apple has its i on the US Patent and Trademark Office (USPTO) and is challenging the federal office’s decision to deny trademark applications for its augmented-reality software tools, namely ‘Reality Composer’ and ‘Reality Converter’. The tech giant’s lawsuit, lodged in a Virginia federal court, argues that these names, which Apple claims to have invented, are far from generic descriptions of the software’s capabilities.

 

Instead, Apple suggests these terms are “quintessentially suggestive,” likening them to the realm of science fiction rather than mundane functionality.

 

The crux of the iPhone maker’s argument is that ‘Reality Composer’ and ‘Reality Converter’ evoke a sense of innovation and creativity, requiring a leap of imagination to connect them to their actual purpose—akin to how ‘Burger King’ is recognized as a fast-food brand rather than royalty. This, according to Apple, sets it apart from more descriptive names like ‘Raisin Bran’ or ‘American Airlines’, which directly convey the nature of the goods or services they represent.

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Apple insists that its names have been uniquely associated with its products for over four years, highlighting their significance in developing AR content for Apple apps and their integral role in the ecosystem of the recently unveiled Vision Pro headset.

 

However, the path to securing these terms has not been smooth. A challenge from Turkish company ZeroDensity, which specializes in visual effects, has further complicated matters. ZeroDensity’s opposition is twofold: it argues that Apple’s proposed trademarks are too descriptive of the software’s functions and raises concerns about potential confusion with its own Reality-branded products. Apple’s legal move seeks to dismiss these claims, asserting that there is “no likelihood” of confusion between the products of the two companies.

 

Apple’s stance is that ‘Reality Composer’ and ‘Reality Converter’ are innovative terms that it has coined, setting them apart from more descriptive or generic names. The lawsuit aims to overturn the USPTO’s decision by stressing the creative and suggestive nature of these names, contesting the notion that they merely describe the software’s functionality.

 

ZeroDensity has voiced its intention to vigorously defend its ‘Reality’ trademarks, setting the stage for a potentially protracted legal row.

 

 

 

[via BGR, The Hill, AppleInsider, cover photo 197376544 © Sergii Figurnyi | Dreamstime.com]

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