recently, The German sportswear brand Puma (Puma) Are doing everything they can to stop Nike (Nike) will "footware" The logo is registered as a trademark, The logo applies to sports shoe specific software goods and services.

before, Puma had a rivalry with Nike 2019 years 3 monthly "footware" The trademark application launched an early challenge, To the United States Patent and Trademark Office (USPTO) submit "Protest letter" (letter of protest) , According to "footware" It's a descriptive term, Not eligible for registration.

2020 years 6 month 16 day, Puma for Nike "footware" The trademark application initiated objection proceedings, request USPTO The application for registration is rejected. In the dissent proceedings, Puma points out again, "footware" Is only a descriptive term for technology-driven footwear design, No business should register the word as a trademark, Especially as high as the market cap 1250 $100 million Nike. Puma also said, Nike "footware" The sign is phonetically related to "footwear" The same word, And it's very similar to the spelling of the word, This makes "footware" The logo became a commercially available product (footwear) Generic term, It does not function as a trademark, Indicates the source of a particular good or service.

One thing to note, Nike didn't make it "footware" The logo is used for footwear. The company will "footware" Flags are used for the following categories: The first 9 class, For reception on Internet of Things electronic devices, A computer hardware module that processes and transmits data; The first 38 class, Telecommunication service, That is, through telecommunications networks, Wireless communication networks and data transmission services over the Internet; The first 42 class, An application service provider that provides application program interface software for integrating third-party applications to produce an interactive user experience.

Except to point out Nike's "footware" A logo is a descriptive word beyond that, Puma is still going USPTO Said in a filing with the Trademark Trial and Appeal Board, Nike is not alone in selling shoes and hardware/Or software technology combined with the commodity of the enterprise.

In fact, Puma says it's been around since 1986 Began making and selling shoes that incorporated computer technology in 2000, American sports brand Under Armour (Under Armour) And Ultron (Altra) And other companies offer technology-focused footwear products. The proliferation of technology-centric footwear from competitors may mean consumers are used to browsing and buying products that combine product and technology, Includes products that pair software or hardware technology with footwear. Therefore, "footware" The term is often used to describe footwear products (Including footwear) Combined software, Rather than a product from a single manufacturer.

Puma also points out: "Just as consumers may think spyware describes software that incorporates espionage, They will also think 'footware' The description is related to footwear products (Including footwear) Combined software. " The company also said: "Nike has only recently started using it 'footware' marked, Therefore, it does not indicate that the logo has acquired significance (That is, a logo has gained prominence through continuous use and promotion, Thus enabling consumers to associate it with the source of the relevant good or service) . If the Nike logo ever gained prominence, Then it can be registered even if it lacks inherent significance. "

Puma says, If Nike's "footware" The logo was registered as a trademark, It will acquire exclusive rights to the descriptive term, And can deter competitors (Including Puma) Use such descriptive terms in the market.

In addition, Puma also requires USPTO The Trademark Hearing and Appeal Board upheld its objection, And rejected Nike's trademark application. Nike "footware" The sign has been attacked USPTO The examiner's question (namely USPTO The examiner is in "Notice of review opinion" Asked Nike to explain "footware" Logo wording in software, Whether it is significant in the hardware or telecommunications industry and whether it is a Nike industry term) . in "footware" Before the trademark application for the logo enters the objection stage, Nike also for it "SNKRS" An application for trademark registration was filed for the logo.

2020 At the beginning of the year, Nike's legal counsel to Mr USPTO For the sake of "SNKRS" Purchase shoe software related logo submitted 4 A trademark registration application. Two of them involve "SNKRS" Trademark applications for logos are mainly for the following goods and services: Clothing and footwear; An online marketplace featuring footwear and clothing; Provide fashion, entertainment, Sports shoes, Information on popular culture and sports, News and commentary services; Provides users with the ability to view a variety of printed matter, picture, Graphic images as well as audio and video content of the website services.

The other two trademark applications mainly involve Nike "SNKRS" And its flashing type logo, Nike says the two logos also apply 4 Produce goods and services. in 2020 years 1 The above was submitted in late September 4 After the trademark application, Nike received USPTO Preliminary objection of the examiner.

(Compiled from www. thefashionlaw. com)

Reprinted from China Intellectual Property Network   translation: Li Yanqiu　proofread: Liu Peng

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