Just because you achieve trademark registration with the USPTO, does not mean you automatically win.
There’s been a lot of press lately about Apple’s trademark application for “there’s an app for that.”
- Apple’s Trademark Registration for “There’s an app for that” is official
- Apple trademarks “there’s an app for that”
But just because Apple is able to navigate the requirements of the United States Patent and Trademark Office for its trademark registration, does not mean Apple would automatically win. Apple’s registration for this trademark indicates a “first use anywhere” of January 26, 2009. Take a look at these Goolge Search results for “there’s an app for that” from January 1, 1989 to January 1, 2008, before Apple started using the phrase to designate its slogan.
It appears that Apple stole its slogan prior to Apple’s first use. At a minimum, there will be many arguments for “fair use” as merely descriptive language for various software applications.