Apple challenges TTAB's decision on augmented reality trademarks
Apple files suit against the TTAB’s decision opposing trademark applications for its AR software development tools | Tech giant contests objections raised by Turkish company over the marks | Asserts marks inherent distinctiveness and secondary meaning.
Apple has filed a complaint against a US Trademark Trial and Appeal Board’s (TTAB) decision to oppose its trademark applications for its augmented reality (AR) software development tools.
The suit, filed in the US District Court, Eastern District of Virginia, targets Turkish technology company ZeroDensity, which opposed the trademark registrations for the marks ‘Reality Composer’ and ‘Reality Converter’.
ZeroDensity's objection argued the trademarks have potential conflicts with its own trademarks, ‘Reality Engine’, and the TTAB sustained the oppositions based on a descriptive finding.
Apple's complaint, filed on February 23, 2024, challenged the TTAB's decision and aimed to reverse the decision.
It argued the inherent distinctiveness of their marks or, alternatively, asserted that they have acquired secondary meaning—reducing the likelihood of confusion with ZeroDensity's trademark rights.
Apple argued trademarks are suggestive
Apple argued that ‘Reality Composer’ and ‘Reality Converter’ are suggestive rather than descriptive terms.
Apple also emphasised the lack of similar use by competitors and the lack of these “composite terms” in dictionaries, making them registrable as suggestive terms.
The complaint argued that the marks have acquired secondary meaning among software developers due to Apple's extensive promotion and exclusive use of these marks over several years, asserting the marks have become associated with their products.
Apple said that the marks are inherently distinctive and have acquired distinctiveness over time, arguing the lack of confusion between the Apple marks and the ZeroDensity marks, combined with differences in use, appearance, and target consumers, supports the validity of the marks.
Use and promotion of "Reality Composer" and "Reality Converter"
Five years ago—at the 2019 Apple Worldwide Developers Conference—Apple introduced ‘Reality Composer’, a software tool that allows developers, even those without prior 3D experience, to prototype and produce AR experiences.
The tool allows developers to create immersive AR content, integrated directly into apps using Xcode or exported to AR Quick Look.
In January 2020, Apple introduced ‘Reality Converter’, a companion product.
Targeting developers designing for Apple operating systems, ‘Reality Converter’ allows the manipulation of 3D images compatible with ‘Reality Composer’.
‘Reality Converter’ improves developers' capabilities to create dynamic 3D environments.
ZeroDensity’s use of the "Reality Engine" mark
ZeroDensity markets ‘Reality Engine’, a broadcasting-focused system that creates effects for live events, esports, and broadcasting, projecting images onto surfaces during live broadcasts.
Not designed for software development, the ‘Reality Engine’ operates differently from virtual reality, focusing on shared visual experiences during broadcasts.
Apple was represented by Robert Scully from Blankingship & Keith, and Dale Cendali and Mary Mazzello from Kirkland & Ellis.
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