At issue: whether all smart glasses are 'spectacles.'
Snap’s new complaint posits that there’s been enough media coverage of Spectacles, bolstered by some industry awards and its own marketing including social media, to support its claim that consumers associate the word “spectacles” with the Snap brand. Snap first filed a trademark application for Spectacles in September 2016, “for use in connection with wearable computer hardware” and other related uses “among consumer electronics devices and displays.
During several rounds of back-and-forth with the company since then, the USPTO has maintained that the word “spectacles” appeared to be “generic in connection with the identified goods,” i.e. the camera glasses. Snap continued to appeal the agency’s decision. upheld the decision, reiterating that the word “spectacles” was a generic term that applied to all smart glasses, not just Snap’s version.
In its Tuesday complaint, Snap’s attorneys argued that “spectacles is an old-fashioned term popular in the 18th century,” and that it “is not often used today in the United States,” especially by Snapchat’s young audience.
But the USPTO appeal board said in November that the evidence didn’t support that argument, and that the word “spectacles” still retains its generic meaning and therefore can’t be trademarked. The board noted that in its own marketing, Snap had demonstrated that its Spectacles “eyeglasses form is a feature, function and characteristic of the camera, not only functionally but aesthetically.”
Snap’s lawsuit, which names acting USPTO director Drew Hirshfeld, seeks to have the appeal board’s November decision reversed. The company declined to provide a comment on the record to
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