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1 May 2014

Google has already registered the trademark “Google Glass”, but recently, their attempts to file for the trademark “Glass” displayed in a futuristic font, has trigged a dispute with the USPTO (United States Patent and Trademark Office).  The Registry have stated that “it's having concerns about trademarking a generic term like "Glass””. 


Google has since responded with a 1,928-page letter (1,900 pages of which were news articles about Google Glass) detailing the company's case in support of the application for registration. Google stated that its Glass wearable technology is now well-enough known that it could be distinctive among the other "Glass" trademarks.  In other words, it has acquired a secondary meaning for consumers.


The USPTO, in its letter, has stated that “Registration is refused because the applied-for mark merely describes a feature or material component of the applicant’s goods.”   Google has argued that "Glass" isn't actually a Glass descriptor since the device doesn't actually have any glass in it and are arguing that the word “glass” doesn’t inform potential consumers as to the nature, function or use of the wearable device.


As well as the USPTO’s concern about descriptiveness, google has received at least one opposition to the brand as well from a similar trademark called “Write on Glass”.


The battle continues.