Snap wins US trademark ruling for 'Spectacles' AR glasses
By Blake Brittain
Sept 30 -Tech company Snap SNAP.N has convinced a California federal judge that the U.S. Patent and Trademark Office was wrong to deny the company a federal trademark registration for its "Spectacles" augmented-reality (AR)glasses.
U.S. Magistrate Judge Steve Kim said on Friday that Snap had shown that "Spectacles" was a brand name eligible for trademark protection instead of a generic word.
Kim ordered the USPTO to place the mark on its secondary Supplemental Register and said that Snap could later receive a full registration if it shows that consumers associate "Spectacles" with the company.
A USPTO spokesperson declined to comment on the ruling on Monday. Snap attorney David Bernstein of Debevoise & Plimpton said the company was pleased with the decision, calling it a "significant win that ensures that Snap finally will obtain its trademark registration for Spectacles."
Santa Monica, California-based Snap, best known as the maker of the Snapchat video app, introduced its Spectacles AR glasses in 2016. The USPTO rejected Snap's trademark application for "Spectacles" in 2020 and said that the name was either generic or descriptive.
Snap asked the California court in 2022 to force the USPTO to grant the trademark, arguing that potential buyers consider "Spectacles" a Snap brand instead of a generic term for smart glasses. Kim held a bench trial on the company's claims in March.
The judge on Friday rejected the USPTO's decision that "Spectacles" was generic, which would have precluded Snap from registering the mark altogether. Kim said that "Spectacles" was a descriptive term for smart glasses, which allows Snap to register the mark under some circumstances.
Kim said that Snap could not yet register the mark on the USPTO's Principal Register because it had not yet proven that most customers see "Spectacles" as a Snap brand name.
The case is Snap Inc v. Vidal, U.S. District Court for the Central District of California, No. 2:22-cv-00085.
For Snap: David Bernstein of Debevoise & Plimpton
For the PTO: Martin Estrada, David Harris, Joanne Osinoff and Jasmin Yang of the U.S. Department of Justice
Read more:
Snapchat maker says U.S. wrongly denied smart-glasses trademark
Snap can take USPTO to trial in 'Spectacles' trademark fight, court says
Reporting by Blake Brittain in Washington
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