Twitter Doesn’t Want to Give Up the Fight for the Trademark “Dronie”

Twitter Doesn’t Want to Give Up the Fight for the Trademark “Dronie”

March 12, 2016 Trademarks 0

Back in 2014 Twitter wanted to make “dronie” a real thing and even launched a Twitter marketing campaign during the 2014 Cannes Film Festival on their @dronie twitter account. The thing was, others were already using the term “dronie” long before Twitter started using it. On June 20, 2014, Twitter then applied for trademarking “dronie”, as used in connection with a broad range of products and services, to make people believe it is the next big thing. Of course their desire to trademark “dronie” had much to do with the fact that the term was already commonly used and popular.

dronieOn September 10, 2014, most of Twitters original application was refused. For starters, Twitter can’t use “dronie” in connection with games and toys (this includes video games). But even more importantly their application of “dronie” in connection with drones themselves was declined on the grounds of descriptiviness. This is probably why the last twitter feed on the “dronie” account dates from October 27th, 2014.

But Twitter didn’t want to give up and appealed the decision of the USPTO (U.S Patent and Trademark Office). Below is a summary of the entire appeal list:

“Software including mobile apps, online community forums for searching and discussing multimedia content; entertainment services, namely, aerial photography and videography for the purpose of capturing photos and videos of others, objects, scenery and events, and distributing and displaying the photos and videos for entertainment purposes; hosting an interactive website and online nondownloadable software that enable users to search, watch, share, critique, rate, interact with and comment on multimedia content, namely, photos and videos of others, objects, scenery and events via a global computer network and other computer and communications networks; providing temporary use of online non-downloadable software and applications for accessing streaming audio and video files, and multimedia files, namely, photos and videos of others, objects, scenery and events; and providing computer databases and searchable databases in the field of social networking featuring photos and videos of others, objects, scenery and events.”

All of these products and services were originally rejected based on descriptiveness and indefiniteness of the descriptions.

On March 10, 2015, Twitter gave up the fight to register DRONIE as used on toys, games (including video games) and drones but decided to continue to fight to register “dronie” to be used in connection with the remaining categories.

On September 10, 2015, most of these remaining categories were again refused in an Office Action. That action however implicated that registration for some of the remaining products and services may be reconsidered should Twitter agree to a more narrow specification, as dictated by the USPTO in that Office Action. The Office Action was final, Twitter’s can only appeal to the TTAB now.

So Twitter decided to appeal once more with a brief scheduled for May 9, 2016.

First seen on techdirt | Image belongs to Twitter

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