Apple locks down iPhone trademark, includes 'electronic games' category

Patently Apple has sniffed out the latest, and most comprehensive, trademark registration acquired by Apple on the subject of the iPhone and we thought we'd have a peek. Already entitled to use the brand name under international categories 9 (mobile phone and digital audio player) and 38 (electronic data-transmitting device), Apple has now added category 28, which reads shortly and sweetly as a 'handheld unit for playing electronic games.' Before you freak out and start fusing this into your iPhone 4G fantasies, note that Apple filed the claim for this trademark way back in December 2007. So nothing necessarily new on the tech front, but this document provides the broadest brand protection yet -- including the bitten apple graphic alongside the name -- and could strengthen Cupertino's case in its forthcoming battle for the iPad moniker.

[n0ne Posted Feb 14th 2010 12:33PM]

Does this mean iPhone 4G will make me a cake for my Birthday?

[Brent1700 Posted Feb 14th 2010 12:34PM]

Is that seriously the font?

[goatlover Posted Feb 14th 2010 12:36PM]

Boring, move along.

I love it when news that is 3 years old is news today

[cswright Posted Feb 14th 2010 11:39PM]

@goatlover they managed to squeeze iPad in there too. I don't see how this helps Apple's case on a completely different-named device especially when they clearly stole the name and asked questions later.

[bosh Posted Feb 14th 2010 12:40PM]

And this is news because...?

[Kevin B Posted Feb 14th 2010 1:26PM]

@bosh
Because it happened.

[Extinction Posted Feb 14th 2010 4:21PM]

@bosh Because it means Apple can steal trademarks, thus defeating the point of them

[Leo Posted Feb 14th 2010 7:24PM]

@bosh
...because Engadget must satisfy their daily quota of mentioning that rotten fruit company.

[Evan Posted Feb 14th 2010 12:40PM]

So if I make something called the iPhone without the bitten apple graphic alongside it, they are SOL?

p.s. you spelled alongISDE

[Hondizer Posted Feb 14th 2010 12:44PM]

I can't wait till the next headline comes out..."Apple sued by pad makers over iPad name"

[Marbles Posted Feb 14th 2010 12:44PM]

Let us know when they've patented "Magical" and "Revolutionary".

[Mr Death Posted Feb 14th 2010 1:05PM]

@Marbles You forgot "Funnest".

[sweet greggo Posted Feb 15th 2010 1:32AM]

@Marbles

and "Amazing/Amazing/Amazing/Amazing"

[Dries Posted Feb 14th 2010 12:53PM]

What? The iPhone is a great gaming device? Why does it have a camera then?

[Chibi Chaingun Posted Feb 14th 2010 1:06PM]

@Dries

DSi, PS3 (eyeToy), Xbox (Live Vision Camera, Natal) say "Hello".

[Dries Posted Feb 14th 2010 1:18PM]

@Chibi Chaingun My iPod touch reference says hello too :)

[cswright Posted Feb 14th 2010 11:41PM]

@Chibi Chaingun all awful cameras (maybe Natal won't suck but we'll see). cameras do not yet have any sort of useful place in gaming

[onlymyrailgun Posted Feb 14th 2010 12:55PM]

Steve is going to stay as CEO till he's 150 and they will buy every apple farm in the world, followed by an expansion of "Apple" to cover agricultural produce.

[Decoy Posted Feb 14th 2010 12:55PM]

I'm going to get 'electronic data-receiving device'. Hah!

[jasev01 Posted Feb 14th 2010 12:59PM]

What happen to cisco's iphone

[Sor1 Posted Feb 14th 2010 1:19PM]

@jasev01

Here is one theories that i thought. Cisco was nice to Apple, somehow "pity" them and gave their name to Apple. However i was for a long time sceptical on the move from Cisco i thought "where or how they benefit?". One day i was reading about VPN and mobile phones, and i found that the iPhone has a Cisco VPN application inside. There was my answer :) I am guessing Cisco said "OK have our name but you are going to have our application to your device" and because Cisco isn't popular on giving freebies they make profit for every iPhone is sold.

[Magicland Posted Feb 14th 2010 1:07PM]

What does this have to do with Compaq's Ipad trademark? How does having an "iphone" trademark (one they had to pay Cisco for) have any impact on an "ipad" trademark? The two aren't related, unless you're the type of obtuse moron who thinks Steve Jobs should have a trademark on EVERY english word with the letter "i" preceding it. Or does it just mean that they'll be ponying up boatloads of cash to pay Compaq?

[M3 Posted Feb 14th 2010 1:26PM]

@Magicland

I'm with Magicland. I don't see the legal significance in having a broad trademark over something different. iPhone Trademark != iPad Trademark.
Now you could argue that the iPad trademark by Fujitsu is an attempt to decieve customers into thinking that it is an Apple Product. The problem is Fujitsu applied for the trademark in 2003, when I don't think the iPad was even dreamed up yet. Also, the iName style isn't distinctly Apple, since HP had the iPAQ since 2000.

[strommsarnac Posted Feb 14th 2010 1:48PM]

@Magicland
"What does this have to do with Compaq's IPAD..."

Actually, nothing. Compaq does not have an "Ipad". They have an IpaQ. That's a Q, not a P.

For the record, Fujistu does have an active registered trademark of Ipad. That's what Apples going to have to steal, um I mean convince trademark offices that Apple has more right to the use (even though Fujitsu's tradmark is older than the iPod trademark).

But, Apple always gets away with things other companies can't, so I don't expect any problems for Apple.

[Magicland Posted Feb 14th 2010 2:17PM]

Oops, my bad. I was referring to the Fujitsu Ipad, but somehow Compaq sprung into my mind (of course, because of the Ipaq). All the more reason apple shouldn't be illegally using the name ipad...

[M3 Posted Feb 14th 2010 3:57PM]

@strommsarnac
Right, but I'm not sure the USPTO has the power to actually nullify a Trademark it has already issued. That is something only the courts can do, AFAIK. Would be nice if Nilay chimed in on how about the venues Apple has to get the iPad trademark through the USPTO or Courts. I think a trade of cash is obviously always a possibility.

[FerrumMihi Posted Feb 14th 2010 4:14PM]

@Magicland So, the obtuse moron thought is amusing because that is basically the way it works. It is called a family of marks and the more marks that are similar to eachother in a way that shows the source, the more likely the mark holder will be able to defend against something that appears to belong in that famiy but is being promoted by someone else. I beleive it was McDonalds in the 90s that had fun with adding Mc to things and when other people did the same, McDonalds sued and won. Food for thought... Horrible pun

[josev20 Posted Feb 14th 2010 1:37PM]

Ima go ahead and call it... Some sympathetic judge on the 9th Circuit will allow Jobs to wrest a clearly defined patent from its rightful owner and bring it home to his li'l fiefdom...

[BigD145 Posted Feb 14th 2010 1:40PM]

This was news in 2007. You're very late.

[FerrumMihi Posted Feb 14th 2010 4:08PM]

I believe you are neglecting a very important fact. The registration appears to be for the design and letters. A quick search on uspto.gov confirms this. As such they have not locked down iPhone, they have only registered a mark that includes iPhone. This could make a significant difference at some point, though it is unclear how much without more specific facts of the speculative future event. Regardless, it is important that the apple design appear in conjunction with the words... However, as Apple would likely claim a family of marks, including all of their i(Whatever), they are likely to be a powerhouse in whatever situation they end up in.

[MJ Posted Feb 14th 2010 4:30PM]

is that really their address "1 INFINITE LOOP" ha ha... are they stuck in an infinite loop? iphone ---> iphone 3G ---> iphone 3GSlow --->........ looks the same looks the same looks the same

[mtnDewFTW Posted Feb 14th 2010 5:32PM]

@MJ Yes, that is their address. If you're trying to make a joke, you're really not that funny.

[unaninanomous Posted Feb 14th 2010 6:14PM]

Apple is that schoolyard cry baby that's just begging to get duct taped to the flag pole.

[Amnak Posted Feb 14th 2010 7:15PM]

@unaninanomous Actually it's more like the school yard bully that usually gets its way.

[c w j Posted Feb 14th 2010 9:31PM]

(patents process for processing Apple patents)

[Chaos744 Posted Feb 15th 2010 6:31AM]

Nice to see that the apple haters didn't follow engadgets suggestion to just block all mentions of apple news. What a sad life they must live, the Internet would not be the same without you juvenile idiots.