Google has been able to trademark the term Google Glass but has been attempting, since last year, to convince the U.S trademark office that it can hold the trademark for just 'Glass' written in Google's futuristic font. The trademark office has so far rejected Google's claim because generic terms cannot be trademarked.
“Google, like many businesses, takes routine steps to protect and register its trademarks,” a Google spokesperson told Law Blog in a statement.
The trademark examiner raised two major concerns involving the application. One was that the trademark was similar to other software trademarks containing the word 'glass', and could cause confusion among customers.
The second objection was to the word, despite its unique formatting, was "merely descriptive." Under federal law, words that simply describe don't have trademark protection.
Trademark attorneys for Google, Anne Peck and Katie Krajeck from Cooley LLP, have shot back a 1,928-page letter to the trademark office providing additional evidence for the trademark application. The letter includes 1,900 pages of clips from articles about Google Glass.
The attorneys disagreed with the premise that the trademark would confuse consumers, especially given the amount of press coverage the device has received in the last couple of years. They also disputed the second objection, by saying the word 'glass' was not used in a descriptive manner, as the actual device is instead made from titanium and plastic.
Border Stylo, developers of the browser extension Write on Glass, filed an objection to Google's trademark application last December. Google hit back by filing an application for canceling Border Stylo's trademark.
[Wall Street Journal]