Instagram files trademark opposition against Microsoft

Social networking company Instagram has opposed a trademark filed by Microsoft for the term ‘Actiongram’.

Microsoft filed its trademark application at the US Patent and Trademark Office (USPTO) in June last year.

The mark covers class 9 and cites products including “computer software for virtual reality visualisation, manipulation, immersion and integration of audio, video, text, binary, still images, graphics and multimedia files”.

The USPTO published the mark for opposition in May this year.

Instagram filed a notice of opposition on November 11, when it said that if Microsoft’s mark is approved then its ‘Instagram’ mark will be damaged.

The social media site argued that since 2010 it has continuously used the trademark ‘Instagram’ in interstate commerce in the US.

Instagram added that it has owned marks at the USPTO since 2012. Its marks cover downloadable computer software for modifying images, telecommunications services, and network and dating services.

Additionally, the social media business said that its ‘Instagram’ marks are “highly distinctive” and that Microsoft’s ‘Actiongram’ mark “creates a similar commercial impression” to its marks.

It also said that Microsoft’s mark is “deceptively similar”, and could cause confusion or deceive the public over the origin of the mark.

Instagram added that the registration of Microsoft’s mark “will lead the public to conclude, incorrectly, that applicant is or has been affiliated or connected with Instagram”.

Further, the ‘Actiongram’ mark is likely to cause “dilution of the distinctive quality” of the ‘Instagram’ mark and could harm Instagram’s reputation.

Microsoft was founded in 1975 and Instagram in 2010.