Orange County - There has been no smooth sailing so far for Google in its push to get the word "Glass" registered by the United States Patent and Trademark Office (USPTO) as a federally protected trademark. While the company obtained registration relatively easily for "Google Glass" in connection with its much anticipated wearable technology device, the road to registration for its newest application has been much more obstructive.
For "Google Glass", the USPTO asked only that Google amend its description of goods and change the Class that it originally filed in before the application could proceed toward registration. For "Glass," the Examining Attorney dealt a much more serious blow, citing a likelihood of confusion with six prior registered trademarks and a potential likelihood of confusion with seven prior filed applications. Beyond that, the Examiner set forth an argument that the word "Glass" is merely descriptive of the goods for which Google is seeking protection namely, "Computer hardware; computer peripherals; wearable computer peripherals; peripherals for mobile devices; wearable peripherals for mobile devices; computer hardware for remotely accessing and transmitting data; computer peripherals for remotely accessing and transmitting data; peripherals for mobile devices for remotely accessing and transmitting data; computer hardware for displaying data and video; computer peripherals for displaying data and video; peripherals for mobile devices for displaying data and video; computer software." The Examiner found that the word "Glass" would be taken by consumers to describe some feature of the goods, specifically that they contain glass lenses or glass parts, and thereby denied registration.
In its response, filed in March, trademark lawyers for Google countered with a lengthy argument that Google Glass is so well known that consumers will not be confused between it and the other cited applications and registrations. The response also argues that since buyers of Google Glass are sophisticated purchasers, they know exactly what they want and will not be confused between the Google product and other products. Though the USPTO has yet to issue any action in regard to Google's response to the refusal, this is sure to be an interesting back and forth between one of the country's best known technology companies and the USPTO.
As for Google Glass itself, the new device made a limited launch among "explorers" on April 15. With a variety of designs and styles soon-to-be available, from sunglasses to cat-eye frames, Google is grappling for a wide consumer base, encouraging buyers to "make Glass your own", by ensuring that the product fits a wide variety of lifestyle and design preferences.