USPTO found 'Spectacles' name was generic or descriptive

    Snap says name suggests 'incongruity' between old and high-tech glasses

    Relevant public doesn't consider brand name generic, Snap argues

    (Reuters) - Snap Inc has sued the U.S. Patent and Trademark Office over its decision to deny federal trademark protection for the company's Spectacles smart glasses.

    Snap, best known as the maker of the popular Snapchat video app, said in a Wednesday complaint in Los Angeles federal court that the PTO's Trademark Trial and Appeal Board was wrong to find that "Spectacles" is a generic term for smart glasses.

    Santa Monica, California-based Snap introduced its Spectacles in 2016 as way for users to capture photos and videos and automatically upload them to Snapchat. The PTO formally refused Snap's federal trademark application for the name in 2020, finding it ineligible for trademark protection because it was either generic or simply descriptive.

    The TTAB affirmed the decision in November.

    Snap said in its complaint that the name "evokes an incongruity between an 18th century term for corrective eyewear and Snap's high-tech 21st century smart glasses" and suggests a double meaning by "encouraging users to make 'spectacles' of themselves."

    Snap also said products like Spectacles are commonly referred to as "smart glasses" or "camera glasses" — not spectacles — and that potential buyers think of the word as a Snap brand instead of a category of goods.

    It asked the court to reverse the TTAB's decision and direct the PTO to accept its trademark application.

    The PTO declined to comment, as did Snap's attorney.

    The case is Snap Inc v. Hirshfeld, U.S. District Court for the Central District of California, No. 2:22-cv-00085.

    For Snap: David Bernstein of Debevoise & Plimpton

    For the PTO: N/A

    Our Standards: The Thomson Reuters Trust Principles.

    Source: reuters.com