We ran the gauntlet of opposition presented by a global corporation claiming our trademark application would cause confusion with theirs if used in commerce. We’ve resolved that matter.
The United States Patent and Trademark Office (USPTO) entered our trademark into the primary register as Registration Number 5,425,795 on March 20th, 2018.
The mark (((tap))) is shown here as it may appear on a sticker with a blue background. Our customers will be granted use of the mark as an NFC indicator which will appear on all products we manufacture for them.
The Future is Bright
The future is bright for this technology. The future is bright for tapABILITIES, LLC. The challenge for tapABILITIES, LLC is the dangerous and perilous realm of larger companies which will:
A.) Unknowingly infringe but cease doing so when notified or negotiate a license for use to proceed in “co-opetition” engaged in commerce each with our respective channels of trade which utilizes Near Field Communication (NFC).
B.) Knowingly and purposely infringe attempting to steal our trademark mistakenly believing their money and their lawyers will enable them to do so.
Those in the business of providing products that function utilizing wireless communication require an indicator to visually convey NFC may be used to initiate the communication. Our early recognition of this fact motivated us to seek the trademark for the (((tap))) indicator.
We intend to use it to serve our customers well…
Out with the old and in with the new.
Our original logo tap))) was submitted to the USPTO as a trademark application. Once moving through several preliminary steps required to obtain a trademark a published announcement is made to a public resource called the Official Gazette; the last step before the application is finally approved and a trademark is granted.
If nobody opposes the application during publication the last step of registration will proceed to the primary register as a trademark allowing registrants to use the ® symbol with their trademark during the course of engaging in commercial trade. Our trademarked logo would have appeared as tap))) ®. Alas that was not to be as an opposer showed up during the last week of publication and everything got very complex and time consuming really fast.
To make a long story short tapABILITIES has negotiated the use of a new logo which will appear as (((tap))). We have filed a Post-Publication Amendment with the USPTO to amend from tap))) to (((tap))).
Barring any further objections or other SNAFUs our trademark application will soon proceed to the USPTO primary register and we will be marketing the use of the trademark (((tap)))® upon our products or products we manufacture for our customers that will bear customer logos or other artwork juxtaposed with our trademark.
Our tap)))™ logo trademark application was refused by an USPTO examining attorney for Class 009 and Class 042 but approved for Class 016 and that’s actually good news because the application will be moving forward.
Pending any public objections (the last step in the registration process) and pending our successful defense to any possible public objections our logo will become entered onto the USPTO Primary Register.
At that time we will no longer need to display the logo as tap)))™ on products; we will be lawfully allowed to display our logo as tap)))® on products to indicate the trademarked logo has been formally registered with the USPTO for Class 016 namely consisting of printed products in the channels of trade which utilized Near Field Communication (NFC.)