NYC has unveiled its “GreeNYC” apple-shaped logo and filed for registration with the Patent and Trademark Office (“PTO”) and Apple is not digesting it well. Continuing its quest to assure that absolutely no high fiber fruit are used to brand the goods and services of others throughout the known universe, Apple has filed a trademark opposition against the city.
The suit here is not a “suit.” It is a TM Opposition, which is a special filing made during the 30 day “Opposition Period.” The PTO provides this period for various parties to step up and be heard as to why the registration of a proposed mark will be injurious to them. Think of it as the Intellectual Property equivalent of the wedding ceremony finale, where anyone who thinks the bride and groom won’t have a happily ever after gets to “speak now or forever hold their piece.” (It should be noted that even after registration is granted by the PTO, a cancellation petition can also be filed.) Likely this will all dissolve into a settlement that will bar NYC from certain uses deemed encroaching by Apples, particularly those that involve computing technologies, music, and other Apple mainstays.
Despite my tongue and check tone, the reality is that Apple needs to police the integrity of its brand. Secondly, the fact that Apple does routinely file oppositions against marks seeking registration serves as a lesson to entrepreneurs: they should carefully vet their trademark to assure they won’t set off the “Fi Fi Fo Fum” of a brand giant.
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