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Apple challenges trademark decision in lawsuit against ZeroDensity

Feb, 26, 2024 Hi-network.com

Apple appealed to the United States Trademark Trial and Appeal Board (TTAB) decision to require the US Patent and Trademark Office (USPTO) to deny trademark approval for Apple's augmented reality software development tools named "Reality Composer" and "Reality Converter," which is a centerpiece of its newly released Vision Pro headset.

After the USPTO approved Apple's marks for publication, ZeroDensity opposed the registration in proceedings before the TTAB, claiming that the marks are descriptive and likely to cause confusion with its own trademarks. Apple filed this lawsuit to defend its investments and brand awareness after the TTAB ruled in favor of ZeroDensity. The core argument presented by Apple is that these marks are either suggestive or, in the alternative, have acquired secondary meaning, and there is no likelihood of confusion with ZeroDensity's trademarks.

Apple argues that the marks stand out due to their creative and unconventional pairing of words. Apple further argues that, regardless of their categorisation as suggestive or descriptive, the "Reality Composer" and "Reality Converter" marks have acquired secondary meaning among software developers.

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