Apple's supposed shell company as noted in the press as being IP Application Development LLC of Delaware filed for the iPad trademark in the US on January 16, 2010 and mirrored said application in Europe on January 18, 2010. Interestingly, hidden within this trademark application are some interesting twists. One of them notes the device as being associated with ASP services ("Application Service Provider services) - in addition to enabling users to program the scheduling of television and other programs as they will be aired. That just happens to support a recent Apple patent application related to media players having a DVR like capability. Today's trademark report primarily covers Apple's detailed information related to six International Classifications in addition to presenting you with EU information proving that Fujitsu Transaction Solutions Inc. never filed for the iPad trademark in Europe. In fact, in the bigger picture, the USPTO provided the Fujitsu division with a trademark abandonment notice in 2009 proving that the Fujitsu Transactions Solutions Inc. never envisioned their trademark of being a global brand. This stands in stark contrast to Apple's global IP filings and public notices of intent.
Fujitsu Transaction Solutions Inc: EU Trademark Record
A search in The Trade Marks and Design Registration Office of the European Union's database only produces a result of nine filed trademarks filed by Fujitsu Transaction Solutions Inc. The oldest trademark on record is noted as being "U-SCAN EXPRESS" dated April 18, 2002. That's approximately one year prior to Fujitsu Transaction Solutions Inc. US-only filing of the iPad. As you could see for yourself, there is no listed filing in the European database for the trademark "iPad" – associated with Fujitsu Transaction Solutions Inc.
The first trademark noted in the database results in the Patently Apple graphic above, is that of U-SCAN GENESIS. It is purposely duplicated in the lower section of this graphic to illustrate the company's full name being associated with all of the trademarks noted above.
Likely Apple Shell Company Trademark Filing
International Classes: As Fully Detailed in the iPad Filing
International Class 016: Paper, cardboard and goods made from these materials, not included in other classes; printed matter; book binding material; photographs; stationery; stickers; artists' materials; paint brushes; typewriters and office requisites (except furniture); instructional and teaching material (except apparatus); plastic materials for packaging (not included in other classes); printers' type; printing blocks; printed publications; periodicals; books; magazines; newsletters; brochures; booklets; pamphlets; manuals; journals; leaflets; greeting cards; advertising and promotional material; catalogues relating to computer software; computer brochures; computer handbooks; computer hardware publications; computer hardware reference manuals; computer hardware users guide; computer instruction manuals; computer manuals; publications relating to technology, digital technology and gadgets; catalogues relating to musical apparatus and instruments; music books; music instruction manuals; music magazines; excluding adhesives, adhesive tape and sheets.
International Class 028: Toys; games and playthings; playing cards; electronic hand-held game units; musical toys, games and playthings; toy audio apparatus; toy musical boxes; toy musical instruments; toy record players for playing tunes and cassettes; musical games; battery operated toys; electronic toys; electric computer games, other than those adapted for use with television receivers; electrical and electronic amusement apparatus (automatic, coin/counter freed); electronic games being automatic, coin-freed or counter-freed (other than those adapted for use with television receivers); hand-held electronic games and apparatus (other than those adapted for use with television receiver only); video games other than those adapted for use with television receivers only; automatic and coin-operated amusement machines; computer game apparatus other than coin operated or those adapted for use with television receivers; video output toys and games; electronically operated toys; interactive computer toys and games; musical toys and games; stand alone video game machines incorporating a means of display; toy handheld electronic devices; toy computers (not working); toy mobile telephones (not working); parts and fittings for all the aforesaid goods.
International Class 038: Telecommunications; communication and telecommunication services; telecommunication access services; communications by computer; communication between computers; electronic sending of data and documentation via the Internet or other databases; supply of data and news by electronic transmission; providing telecommunication access to websites and electronic news services online allowing the download of information and data; providing telecommunication access to web sites on the Internet; delivery of digital music by telecommunications; providing wireless telecommunications via electronic communications networks; wireless digital messaging, paging services, and electronic mail services, including services that enable a user to send and/or receive messages through a wireless data network; one-way and two-way paging services; communication by computer, computer intercommunication; telex, telegram and telephone services; broadcasting or transmission of radio and television programmes; time sharing services for communication apparatus; provision of telecommunications access and links to computer databases and the Internet; electronic transmission of streamed and downloadable audio and video files via computer and other communications networks; webcasting services (transmission); delivery of messages by electronic transmission; provision of connectivity services and access to electronic communications networks, for transmission or reception of audio, video or multimedia content; provision of telecommunications connections to electronic communication networks, for transmission or reception of audio, video or multimedia content; providing telecommunication access to digital music web sites on the Internet; providing telecommunication access to MP3 web sites on the Internet; delivery of digital music by telecommunications; provision of telecommunications connections to the Internet or computer databases; electronic mail services; telecommunication of information (including web pages); video broadcasting, broadcasting pre-recorded videos featuring music and entertainment, television programs, motion pictures, news, sports, games, cultural events, and entertainment-related programs of all kinds, via a global computer network; streaming of video content via a global computer network; subscription audio broadcasting via a global computer network; audio broadcasting; audio broadcasting of spoken word, music, concerts, and radio programmes, broadcasting pre-recorded videos featuring music and entertainment, television programmes, motion pictures, news, sports, games, cultural events, and entertainment-related programmes of all kinds, via computer and other communications networks; streaming of audio content via a global computer network; electronic transmission of audio and video files via communications networks; communication services, namely, matching users for the transfer of music, video and audio recordings via communication networks; providing on-line bulletin boards for the transmission of messages among computer users concerning entertainment, music, concerts, videos, radio, television, film, news, sports, games and cultural events; rental and hire of communication apparatus and electronic mail-boxes; electronic news services; electronic communications consultancy; facsimile, message collection and transmission services; transmission of data and of information by electronic means, computer, cable, radio, teleprinter, teleletter, electronic mail, telecopier, television, microwave, laser beam, communications satellite or electronic communication means; transmission of data by audio-visual apparatus controlled by data processing apparatus or computers; information, advisory and consultancy services relating to all the aforesaid; provision of telecommunication access time to web-sites featuring multimedia materials; providing telecommunication access to databases and directories via communications networks for obtaining data in the fields of music, video, film, books, television, games and sports; providing users with telecommunication access time to electronic communications networks with means of identifying, locating, grouping, distributing, and managing data and links to third-party computer servers, computer processors and computer users.
International Class 041: Providing web-sites, via a global computer network, to enable users to program the scheduling of audio, video, text and other multimedia content, including music, concerts, videos, radio, television, news, sports, games, cultural events, and entertainment-related programs as they will be aired.
International Class 042: Scientific and technological services and research and design relating thereto; industrial analysis and research services; design and development of computer hardware and software; computer hardware and software consulting services; rental of computer hardware and software apparatus and equipment; multimedia and audio-visual software consulting services; computer programming; support and consultation services for developing computer systems, databases and applications; graphic design for the compilation of web pages on the Internet; information relating to computer hardware or software provided on-line from a global computer network or the Internet; creating and maintaining web-sites; hosting the web-sites of others; providing search engines for obtaining data via communications networks; application service provider (ASP) services featuring software for use in connection with online music subscription service, software that enables users to play and program music and entertainment-related audio, video, text and multimedia content, and software featuring musical sound recordings, entertainment-related audio, video, text and multimedia content; providing temporary internet access to use on-line non-downloadable software to enable users to program audio, video, text and other multimedia content, including music, concerts, videos, radio, television, news, sports, games, cultural events, and entertainment-related programs; providing search engines for obtaining data on a global computer network; information, advisory and consultancy services relating to all the aforesaid; operating search engines; computer consulting and support services for scanning information into computer discs; creating indexes of online information, sites and other resources available on global computer networks for others; providing user access to the Internet (service providers).
Apple's Strong Case
Contrasting Apple's in-depth detailing of what International Classifications have been carefully chosen for the iPad versus the single line entry provided to the USPTO by Fujitsu Transaction Solutions Inc is stark: Apple has the stronger case for market clarity for the iPad trademark.
Secondly, Fujitsu Transaction Solutions Inc had neglected their trademark application, evidenced by the USPTO's issuance of an abandonment notice to the company in April 2009. Although revived months later, the description as noted in the public records was never updated. That coupled with the fact that the Fujitsu division never filed an EU trademark filing for this trademark proves that they never envisioned nor intended their version of iPad or that associated product to be part of a global brand.
Furthermore, what we're able to see from the USPTO trademark filing from Fujitsu Transaction Solutions Inc, is that they narrowly described the "iPad" as being a "Hand-Held Computing Device for Wireless Networking in a retail environment." In a world of incredibly sophisticated mobile devices, the description provided for by the Fujitsu division should be rejected outright by the USPTO for being insufficient.
Without a doubt, it is Apple who has articulated the iPad's purpose in the marketplace in a superior manner due to the fact that they designed and developed a complete product solution from hardware to software. The proposed "iPad" trademark from Apple is also a part of a well established, world known branding and marketing schema. Apple has established a line of products dating back to the year 2000 which now covers iPhoto, iMovie, iDisk, iLife, iWork, iTunes and so forth.
In the big picture, we have to hope that there's an intelligent trademark oversight board at the USPTO that ensures continuity of multinational trademarks. Imagine if Burger King was able to trademark McFries or McDonald's being able to trademark the Big Whopping Mac. Although it would be funny – it would most certainly introduce branding confusion in the marketplace.
And although realistically it appears to be a matter of who's first to the gate rather than who possesses the superior filing, you have to hope that there are proper rules in place for when there's a tie or a conflict over a trademark that is still in-play or open-for-grabs. Then again, politics and big legal sticks are today's modern cavemen's weapons of choice - and on that note, and I'm not sure who'll end up the victor.
Notice: Patently Apple presents only a brief summary of new trademarks with associated graphic(s) for journalistic news purposes as each such trademark is revealed by the U.S. and/or other foreign Patent & Trademark Offices. Readers are cautioned that the full text of any patent and/or trademark applications and/or grants should be read in its entirety for further details.
Other Notes: It should be noted that earlier in 2009, another thought-to-be Apple shell company also located in Delaware called "Slate Computing (USA) LLC, filed for the iPad trademark application in Canada (and the US) as is noted in this report.
In addition, other companies have filed for an iPad trademark which has no bearing on the Internet enabled electronic notepad from Apple. Fujitsu Siemens Computers for instance, filed for iPad under Siemens in the US and granted Registered status for it on February 26, 2008 under 3,389,082 (from Application 79022388.). The Siemens version of iPad, however, is not a threat to Apple's application legally, being it is restricted to "motors, engines and electrical drives." Another irrelevant iPad filing covers woman's lingerie in Canada. And lastly, another iPad trademark linked to NISSEN IPAD, LLC – out of Minnesota – whose product relates to a medical device.
Update Mar 27, 2010: Fujitsu Assigns their Entire Interest in iPad to Apple
