What is Apple’s Magic Trackpad?

MAGIC TRACKPAD
MAGIC TRACKPAD

Apple’s filing a Trademark Application for MAGIC TRACKPAD has been discussed no end. What remains to be seen is how Apple will take a section 2(d) refusal for the same mark in its stride.

Apple has received a Likelihood of Confusion rejection from the USPTO for the mark, MAGIC TRACKPAD.

The Trademark Office  cites  likelihood of confusion with the marks in U.S. Registration Nos. 3197145 and 3377466.

MAGIC PANEL MARK
MAGIC PANEL MARK

US trademark application bearing registration number 3197145 is for the mark, MAGIC PANEL, was filed for the classes of goods that contain touch panels and the other application bearing the registration number is 3377466 for the mark, MAGIC TOUCH.

Both marks have been cited against Apple’s MAGIC TRACKPAD and the application was summarily rejected on the basis of similarity of the marks, similarity of the goods, and similarity of trade channels of the goods.
Apart from this a disclaimer requirement is made of Apple for the mark MAGIC TRACKPAD as Registration Number 3197145 was for the mark MAGIC PANEL and  the term “panel” was disclaimed.

MAGIC TOUCH
MAGIC TOUCH

Registration Number 3377466 was for the mark MAGIC TOUCH and the term“touch”was disclaimed.  Similarly  Apple ought to disclaim the term “trackpad.”
Again, Apple must also define its descriptions made under its goods / services as per the primary office action issued by the PTO.

How will Apply reply to these refusals? Will it disclaim the term TRACKPAD or seek to overcome all of these rejections?

Print Friendly