Apple keeps ‘Numbers’ trademark alive
Posted by Dennis Sellers 
Jun 27, 2006 at 7:15am
In December 2005, the US Patent & Trademark Office published “Office Action” number 78646677 in respect to Apple’s “Numbers” trademark. (“Numbers” is believed by many in the industry to be Apple’s trademark for a spreadsheet application for their iWork suite.) In order to avoid abandonment, Apple had to provide the patent office with additional information within six months. In part, the Office Action read as follows:
“The goods appear to be computer programs. The wording the applicant has used to identify the goods is unacceptable as indefinite. The applicant must indicate not only that the goods are computer programs but also the purpose or function of the program and the field of use if field specific.
Additionally the Office Action stated that “The applicant must indicate whether the wording “NUMBERS” has any significance in the relevant trade or industry or as applied to the goods.”
Apple’s deadline was June 29, 2006.
Apple’s official response
On June 22, the patent office published Apple’s “Response to Office Action.” The following are the relevant excerpts from Apple’s document.
To the Commissioner for Trademarks:
Application serial no. 78646677 has been amended as follows: Classification and Listing of Goods/Services
Applicant hereby amends the following class of goods/services in the application as follows:
Current: Class 009 for computer software
Original Filing Basis: 1(b); and/or 44(d).
Proposed: Class 009 for computer software for home, education, business, and developer use.
Section 44(d) Priority based on foreign filing: Applicant has a bona fide intention to use the mark in commerce on or in connection with the identified goods and/or services, and asserts a claim of priority based on [Malaysia application number 05000127 filed 01/04/2005]. 15 U.S.C.Section 1126(d), as amended.
Additional statements
“NUMBERS appearing in the mark has no significance in the relevant trade or industry or as applied to the goods/services listed in the application, no geographical significance, nor any meaning in a foreign language.”
Notice
Macsimum News presents only a brief summary of patents and/or trademarks with associated graphic(s) for journalistic news purposes as each such patent application and/or grant is revealed by the U.S. Patent & Trade Office. Readers are cautioned that the full text of any patent and/or trademark applications and/or grants should be read in its entirety for further details.
It’s alive!
That was certainly a close call! Though you must admit, at the end of the day, that it’s great to read that Apple “has a bona fide intention to use the mark in commerce on or in connection with the identified goods and/or services…”
neo@macsimumnews.com
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Contributor
Dennis Sellers
Dennis has been a newspaper editor/reporter (seven years) and teacher (seven years). He has over 4,000 magazine, newspaper and online articles to his credit. He has also covered the Mac and tech industries for over a decade for such online publications as MacCentral, MacMinute and now MacsimumNews.
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