USPTO rejected "PalmPad" trademark in October | webOS Nation
 
 

USPTO rejected "PalmPad" trademark in October

by Dieter Bohn Tue, 25 Jan 2011 1:06 pm EST

Wondering why we're seeing a smorgasbord of trademarks from HP that could be related to their upcoming tablet when they filed for the perfectly good mark "PalmPad" back in July? Perhaps it's because that mark isn't so perfectly good. The USPTO rejected the application back on October 13th, 2010 and while HP still has 6 months from that date to appeal, perhaps they've decided that hedging their bets is the best course.

Why did "PalmPad" get rejected? Apparently it's too close to several other trademarks and so could cause confusion:

"Registration of the applied-for mark is refused because of a likelihood of confusion with the marks in U.S. Registration Nos [lists 5 registration numbers]."
"Trademark Act Section 2(d) bars registration of an applied-for mark that so resembles a registered mark that it is likely that a potential consumer would be confused or mistaken or deceived as to the source of the goods and/or services of the applicant and registrant."
"Applicant’s mark PALMPAD is similar to the registered marks PALM because applicant’s mark contains the entirety of the registered marks. Simply adding the term PAD to its mark does not differentiate the marks sufficiently to overcome the striking similarity created by applicant’s use of the registered mark PALM in its mark. The mere addition of matter to a registered mark generally does not obviate the similarity between the marks nor does it overcome a likelihood of confusion under Trademark Act Section 2(d)."

"Registration of the applied-for mark is refused because of a likelihood of confusion with the marks in U.S. Registration Nos [lists 5 registration numbers]."
"Trademark Act Section 2(d) bars registration of an applied-for mark that so resembles a registered mark that it is likely that a potential consumer would be confused or mistaken or deceived as to the source of the goods and/or services of the applicant and registrant."
"Applicant’s mark PALMPAD is similar to the registered marks PALM because applicant’s mark contains the entirety of the registered marks. Simply adding the term PAD to its mark does not differentiate the marks sufficiently to overcome the striking similarity created by applicant’s use of the registered mark PALM in its mark. The mere addition of matter to a registered mark generally does not obviate the similarity between the marks nor does it overcome a likelihood of confusion under Trademark Act Section 2(d)."

Yep, the marks that are apparently too close for comfort include "Palm OS," "Palm Pre," "Palm" and its various logos, and "Palm webOS." Ouch.

Source: USPTO; Thanks tons to JohnLBurger for the catch!

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