Apple lawsuit challenges USPTO’s refusal to grant it trademarks for ‘Reality Composer,’ ‘Reality Converter’ tools

Another day, another lawsuit. Except this time it’s Apple that’s doing the suing. The tech giant has filed a lawsuit in Virginia federal court challenging the U.S. Patent and Trademark Office’s refusal to grant trademarks covering the company’s augmented-reality software development tools “Reality Composer” and “Reality Converter,” reports Reuters. 

Apple, whose augmented-reality technology is a centerpiece of its newly released Vision Pro headset, has asked the court to reverse the USPTO’s decision that the phrases were not distinctive enough to receive federal trademark protection, the article adds. 

Apple has filed trademarks for the terms “Reality Composer” and “Reality Converter.” The first involves [d]ownloadable computer software used in developing other software applications; downloadable application development software; downloadable computer software providing a library of virtual objects for use in developing other software applications; downloadable computer software used in producing animation and three- dimensional effects for use in other software applications,” and REALITY CONVERTER (Ser. No. 88/852,639) in connection with “[d]ownloadable computer software used in developing other software applications; downloadable application development software; downloadable computer software used in editing customizing and producing three-dimensional effects” (collectively, the “Apple Applications”).

As for Reality Composer, Apple says it “uses its REALITY COMPOSER mark in connection with a software development tool. The unusual pairing of the word REALITY with the word COMPOSER is an innovative combination of terms that does not indicate the purpose and functionality of the product. “Composer” is not a word commonly associated with software developer tools. Rather, Apple has taken a musical term and adapted it to its software development product in a creative way.”

According to Reuters, when Apple originally filed for the trademarks, the filing was challenged by Turkish firm ZeroDensity. The company is a visual effects one and its argument was that the terms could cause confusion with its own “Reality” trademarks, and also that Apple’s terms simply describe what the Apple’s software does.

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