It seems like there’s a race for placing a trademark on the word “Tweet” and Twitter, the microblogging service that popularized it, isn’t in the first place.
In U.S. Patent and Trademark Office documents found by blogger Sam Johnson, the site’s application for a trademark on “tweet” has been preliminarily denied.
The application was filed on April 16 and when approved, would make “tweet” one of Twitter’s registered trademarks. Twitter expressed in the application that they want to use tweet “through the applicant’s related company or licensee the mark in commerce on or in connection with the identified goods and/or services.”
The Patent Office however, found three companies that have already applied for trademarks that contained the word “tweet” in their names. All three applications were filed before Twitter filed their own application.
Twitter received the rejection notice from the Patent Office on July 1, along with copies of the applications sent by TweetMarks, Cotweet, and Tweetphoto. These names were simply too close to the trademark Twitter wanted.
The notice stated that the trademark for tweet “may be refused registration under Trademark Act Section 2(d) because of a likelihood of confusion between the two marks.”
It’s not the end for Twitter’s application for a mark on tweet though because the applications from the three companies are still waiting for approval too.
Keep your fingers crossed Twitter guys! 😉
