Apple seeks to Trademark term “STARTUP” in Australia again
Thursday 29 August 2013 @ 9.27 a.m. | IP & Media | Trade & Commerce
Business website startupsmart.com.au reports that Apple has lodged a trademark application similar to its unsuccessful 2011 application for the term “STARTUP” in Australia seeking to cover the term's wide range of existing usages. Given that the term “startup” is one that is commonly used to describe newly founded companies, especially high growth, potentially ambitious ones, this latest move has drawn much attention in the business and IT communities in particular.
The paper work filed by Apple to apply for the trademark indicates that it is after the word “STARTUP” in capitalized font in Australia and were Apple to succeed, it would hold the trademark in various industries such as retail, computing, mobile devices and educational markets.
This attempt to own the term is different to Microsoft's use of the Rolling Stones’
lyric “Start Me Up” used in the 1990's to launch its Windows 95 operating system which
as BRW reports Microsoft paid the Rolling Stones "a seven-figure sum [for the lyric] and
never tried to trademark the phrase".
The intellectual property regulator IP Australia is quoted as saying that:
"if the application passes the examination phase, and is not successfully opposed, the term could become officially protected after seven-and-a-half months. If it is accepted, there is a chance to oppose, although it is only a two month window from the date the application is accepted . . .”
BRW reports that Apple’s past behaviour indicates that the company is likely to be active in asserting its rights but that it is unlikely that brands already using the term “STARTUP” would not be able to continue doing so.
StartupSmart's legal advice is that there is a possibility Apple may successfully pass the examination phase "if they have used the term enough. From the date the trademark is registered (after the opposition period), then using the word `start-up’ as a prominent branding feature will be restricted and prevented by Apple.” Also StartupSmart's legal advice indicates Apple, if successful, "will be proactive in enforcing their trademark" and on past behaviour enforcement will be aggressive.
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