Notice of Oppositionttabvue.uspto.gov/ttabvue/ttabvue-91244637-OPP-1.pdfSAN JOSE, CALIFORNIA –...
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Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov ESTTA Tracking number: ESTTA933720 Filing date: 11/07/2018 IN THE UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD Notice of Opposition Notice is hereby given that the following party opposes registration of the indicated application. Opposer Information Name Apple Inc. Granted to Date of previous ex- tension 11/07/2018 Address One Apple Park Way Cupertino, CA 95014 UNITED STATES Attorney informa- tion Glenn A. Gundersen Dechert LLP Cira Centre 2929 Arch Street Philadelphia, PA 19104-2808 UNITED STATES [email protected], [email protected], trade- [email protected] 215-994-2183 Applicant Information Application No 87748347 Publication date 07/10/2018 Opposition Filing Date 11/07/2018 Opposition Peri- od Ends 11/07/2018 Applicant NextInput Inc. 980 Linda Vista Avenue Mountain View, CA 94043 UNITED STATES Goods/Services Affected by Opposition Class 009. First Use: 2011/10/01 First Use In Commerce: 2011/10/01 All goods and services in the class are opposed, namely: Sensor systems comprised of electromech- anical force sensors and software for processing force sensor data for use with a user interface that facilitates interaction between a user and an electronic device, all sold as unit; Sensor systems com- prised of electromechanical force sensors, data processing units, and software for processing force sensor data for use with a user interface that facilitates interaction between a user and an electronic device, all sold as a unit Grounds for Opposition The mark is merely descriptive Trademark Act Section 2(e)(1) No use of mark in commerce before application or amendment to allege use was filed Trademark Act Sections 1(a) and (c)
Transcript of Notice of Oppositionttabvue.uspto.gov/ttabvue/ttabvue-91244637-OPP-1.pdfSAN JOSE, CALIFORNIA –...
Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
ESTTA Tracking number: ESTTA933720
Filing date: 11/07/2018
IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
Notice of Opposition
Notice is hereby given that the following party opposes registration of the indicated application.
Opposer Information
Name Apple Inc.
Granted to Dateof previous ex-tension
11/07/2018
Address One Apple Park WayCupertino, CA 95014UNITED STATES
Attorney informa-tion
Glenn A. GundersenDechert LLPCira Centre2929 Arch StreetPhiladelphia, PA 19104-2808UNITED [email protected], [email protected], [email protected]
Applicant Information
Application No 87748347 Publication date 07/10/2018
Opposition FilingDate
11/07/2018 Opposition Peri-od Ends
11/07/2018
Applicant NextInput Inc.980 Linda Vista AvenueMountain View, CA 94043UNITED STATES
Goods/Services Affected by Opposition
Class 009. First Use: 2011/10/01 First Use In Commerce: 2011/10/01All goods and services in the class are opposed, namely: Sensor systems comprised of electromech-anical force sensors and software for processing force sensor data for use with a user interface thatfacilitates interaction between a user and an electronic device, all sold as unit; Sensor systems com-prised of electromechanical force sensors, data processing units, and software for processing forcesensor data for use with a user interface that facilitates interaction between a user and an electronicdevice, all sold as a unit
Grounds for Opposition
The mark is merely descriptive Trademark Act Section 2(e)(1)
No use of mark in commerce before applicationor amendment to allege use was filed
Trademark Act Sections 1(a) and (c)
Attachments FORCETOUCH Notice of Opposition.pdf(1496532 bytes )
Signature /Jennifer Insley-Pruitt/
Name Jennifer Insley-Pruitt
Date 11/07/2018
IN THE UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
Apple Inc., Opposer, v.
NextInput Inc., Applicant.
Opposition No. ______
NOTICE OF OPPOSITION
Apple Inc., a California corporation with an address at One Apple Park Way, Cupertino,
California 95014 (“Opposer”), believes that it would be damaged by the issuance of a
registration for FORCETOUCH, as applied for in Application Serial No. 87/748,347 (the
“Application”), and therefore opposes the same.
As grounds for its opposition, Opposer, by its attorneys Dechert LLP, alleges as follows:
COUNT I APPLICANT’S MARK IS MERELY DESCRIPTIVE
1. Applicant NextInput Inc. (“Applicant”) indicates on its website that it provides
“force-sensing solutions for touch enabled devices in markets such as consumer, wearable, IoT,
automotive, industrial, medical and many other applications.” Exhibit A.
2. Applicant’s CEO asserted in a recent press release that “[w]e are at the forefront
of a broad market trend to adopt force touch features in Mobile and other markets,” and an
earlier press release states that “[t]he multi-billion unit touch enabled market is ripe for the
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adoption of force-based touch, for which NextInput has the best solutions in MEMS force
sensing technology and algorithms.” Exhibit B.
3. The specimen that Applicant submitted to the U.S. Patent and Trademark Office
in connection with a prior application for the same mark in logo form (SN 85/616,589) refers to
“ForceTouch” as “force sensitive touch surface technology” and a “multi touch solution [that]
senses the location and amount of force from each touch point.” Exhibit C.
4. The Application covers “[s]ensor systems comprised of electromechanical force
sensors,” which clearly encompasses force sensitive touch surface technology, for which the
term “ForceTouch” is descriptive.
5. “ForceTouch” immediately describes a quality, characteristic, or feature of
Applicant’s goods, and directly conveys information regarding the nature, function, purpose, or
use of those goods.
6. Upon information and belief, Applicant’s alleged mark has not acquired
distinctiveness in connection with Applicant’s goods through use or otherwise.
7. Opposer uses “Force Touch” in connection with its laptop computer and
smartwatch products. Exhibit D.
8. Opposer has a valid and legal right to use of the term “Force Touch” to describe
its own goods.
9. If the Application is allowed to mature to registration, Applicant will be granted
rights in a descriptive term that should be freely available for use by Opposer.
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10. Registration to Applicant of the term “ForceTouch” will harm Opposer by giving
Applicant presumptive exclusivity in and to a descriptive term in use by others, thereby
impairing Opposer’s ability to use this term in connection with its own products and business.
11. For the above reasons, Applicant’s alleged mark, when applied to the goods
recited in the Application, is merely descriptive of those goods, in violation of Section 2(e) of the
Lanham Act, 15 U.S.C. § 1052(e).
12. By reason of the foregoing, Opposer will be damaged by registration of the term
“ForceTouch” to Applicant.
COUNT II VOID AB INITIO FOR NON-USE
13. In connection with the Application, Applicant claimed that it was using the term
“ForceTouch” as a trademark in United States commerce on or as of October 1, 2011.
14. Upon information and belief, and upon Opposer’s investigation of Applicant and
its business, Applicant was not using the term “ForceTouch” as a trademark in United States
commerce on or as of October 1, 2011.
15. Upon information and belief, and upon Opposer’s investigation of Applicant and
its business, Applicant is not currently using the term “ForceTouch” as a trademark in United
States commerce for the goods set forth in the Application.
16. Upon information and belief, and upon Opposer’s investigation of Applicant and
its business, at the time that Applicant filed the Application under Section 1(a) of the Lanham
Act, Applicant was not using the term “ForceTouch” as a trademark in United States commerce
for the goods set forth in the Application.
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17. Because, notwithstanding Applicant’s claim of use in the Application, Applicant
was not using the term “ForceTouch” as a trademark in commerce on or prior to the filing date of
the Application in connection with any of the goods specified therein, the Application was void
ab initio under Section 1(a) of the Lanham Act, 15 U.S.C. 1051(a), and should not proceed to
registration.
WHEREFORE, it is respectfully requested that this Opposition be sustained and that registration
of the mark shown in the Application be refused in its entirety.
Respectfully submitted, Dated: November 7, 2018 By:
Glenn A. Gundersen Jennifer Insley-Pruitt
DECHERT LLP Cira Centre 2929 Arch Street Philadelphia, PA 19104-2808 (215) 994-2183
Counsel for Opposer
EXHIBIT A
3/19/2018 About Us | NextInput
http://nextinput.com/company/about-us/ 1/2
About Us
Nextinput is the market leader in MEMs based force-sensing solutions for touchenabled devices in markets such as consumer, wearable, IoT, automotive, industrial,medical and many other applications.
Our Mission
It is our mission to bring 3D touch solutions to market and enable the next generationof intuitive user interface (UI)
Our Quality Policy
Quality Differentiates Our Brand
Customers recognize and reward companies that exceed expectationsQuality must be built inContinuous Quality Improvements Ensure Our Success
ISO-9001:2015 Certi cate
Our Environmental Policy
As a socially responsible and progressive enterprise, NextInput will utilize technology,methods and means to minimize our business impact on the environment. NextInput iscommitted to meeting or exceeding all local, state, and federal environmentalrequirements.
About Us
3/19/2018 About Us | NextInput
http://nextinput.com/company/about-us/ 2/2
NextInput ForceTouch Video
EXHIBIT B
NextInput’s Advanced ForceTouch™ Solution Enables Iconic Feature In Meizu Smartphones | NextInput
http://nextinput.com/nextinputs-advanced-forcetouch-solution-enables-iconic-feature-in-meizu-smartphones/[5/1/2018 3:18:25 PM]
NextInput’s Advanced ForceTouch™ Solution Enables Iconic Feature In
Meizu Smartphones
January 22, 2018
MOUNTAIN VIEW, CALIFORNIA – January 22, 2018 – NextInput, Inc., the leader in MEMS-based force
sensing solutions, announced today its ForceTouch solution is in mass production with the Meizu MeiLan S6.
Meizu is the first Chinese smartphone OEM to adopt force to realize a virtual home button on display, improving
the user experience. Meizu’s sleek design allows for a larger screen and an order of magnitude higher reliability
home button.
“We were looking at many many technologies, we did a lot of search to provide full screen bezel-less phone
with virtual home button,” says Mr. Li Nan, Meizu Corporate Senior VP. “Finally we found a partner in NextInput
with superior technology.”
“Another great milestone has been achieved; we are in mass production with Meizu handsets,” says Ali Foughi,
NextInput CEO and Founder. “We are at the forefront of a broad market trend to adopt force touch features in
Mobile and other markets.”
http://nextinput.com/wp-content/uploads/34-MeizuMS6-Video-1.mp4
Meizu launch event in Beijing
About NextInput
NextInput, Inc., headquartered in the Silicon Valley, provides MEMS-based force sensing solutions for the
Mobile, Automotive, IoT, Medical, Robotics and Industrial markets.
About Meizu
Established in 2003 and headquartered in Zhuhai, China, Meizu designs and produces smartphones created to
provide a simple, intuitive mobile experience for people whose time is expected to be simply spent in using their
devices, instead of figuring out the way of using them.
©2018 NextInput, Inc. All rights reserved. ForceTouch™
Source: NextInput, Inc.
# # #
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NextInput’s Advanced ForceTouch™ Solution Enables Iconic Feature In Meizu Smartphones | NextInput
http://nextinput.com/nextinputs-advanced-forcetouch-solution-enables-iconic-feature-in-meizu-smartphones/[5/1/2018 3:18:25 PM]
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NextInput’s Advanced ForceTouch™ Solution Enables Iconic Feature In Meizu Smartphones | NextInput
http://nextinput.com/nextinputs-advanced-forcetouch-solution-enables-iconic-feature-in-meizu-smartphones/[5/1/2018 3:18:25 PM]
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3/19/2018 NextInput Technology Powers GoerTek ForceTouch® Smartwatch | NextInput
http://nextinput.com/nextinput-technology-powers-goertek-forcetouch-smartwatch/ 1/2
NextInput Technology Powers GoerTek ForceTouch®SmartwatchJanuary 5, 2016Adoption of MEMS Force Touch in High Volume Wearable & Mobile Applications
SAN JOSE, CALIFORNIA – January 5, 2016 – NextInput, Inc. announced today that GoerTek Inc. has adoptedNextInput’s ForceTouch® as an enabling technology to power its smartwatch products. GoerTek is a world-wideintegrated solutions provider for consumer electronics and supports both ODM and OEM business models. Accordingto third party estimates, the wearable market size is expected to grow from tens of millions to hundreds of millions ofunits over the next several years. The growth will be fueled by new use cases and enhanced consumer experience.
“GoerTek’s adoption of our technology validates the production readiness and market demand for our ForceTouchsolution,” says Ali Foughi, NextInput CEO and Founder. “Due to superior performance, robustness and cost of ourtechnology, we expect to see the adoption of MEMS ForceTouch in many wearable and mobile applications as weenable the market transition to 3D human interface. Our strategic partnership with GoerTek and other fast movingtechnology adopters enables us to bring a new and richer consumer experience to market.”
“NextInput’s unique MEMS-based ForceTouch solutions can be incorporated in many of our products, starting with oursmartwatches and other wearable products where NextInput enables new control functions for an enhanced userexperience,” says Long Jiang, GoerTek’s CEO. “We also intend to combine NextInput’s solutions with GoerTek’s linearvibration motor products to provide many unparalleled haptic features. We are very pleased to join forces withNextInput and believe this will lead to many fruitful successes ahead.”
About NextInput NextInput, Inc. provides market leading force sensing solutions to enable the next generation of intuitive, 3D humaninterface experience for a broad range of markets including Mobile, Wearable, IoT, Automotive, Medical and Industrial.The multi-billion unit touch enabled market is ripe for the adoption of force-based touch, for which NextInput has thebest solutions in MEMS force sensing technology and algorithms.
About GoerTek GoerTek Inc., established in June 2001 and listed on Shenzhen Stock Exchange, is an integrated solutions provider forconsumer electronics OEMs world-wide. As one of China’s industry leading high-tech companies, GoerTek provides awide range of products and services to world renowned OEMs, including Huawei, Samsung, LG, Panasonic, Sony,Google, Microsoft, Plantronics, Lenovo, etc.
©2016 NextInput, Inc. All rights reserved. ForceTouch® Source: NextInput, Inc.
NextInput Technology Powers GoerTek ForceTouch® Smartwatch
3/19/2018 NextInput Technology Powers GoerTek ForceTouch® Smartwatch | NextInput
http://nextinput.com/nextinput-technology-powers-goertek-forcetouch-smartwatch/ 2/2
Contact: Ali Foughi, CEO & Founder NextInput, Inc. 408.770.9384
EXHIBIT C
EXHIBIT D
