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ARTICLE · 18 JANUARY 2021

TTAB Deems Apple's SMART KEYBOARD Generic For .... Guess What?

Wolf Greenfield & Sacks
Wolf Greenfield & Sacks
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In a 75-page opinion, the Board affirmed a refusal to register the proposed mark SMART KEYBOARD on the Supplemental Register for "Accessory for a handheld mobile digital device...

United StatesIntellectual Property
John L. Welch
John L. Welch
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In a 75-page opinion, the Board affirmed a refusal to register the proposed mark SMART KEYBOARD on the Supplemental Register for "Accessory for a handheld mobile digital device, namely, a protective and decorative cover for a tablet computer that functions as a computer stand and incorporates a keyboard" [KEYBOARD disclaimed], on the ground of genericness. The Board ruled that the record evidence supported "a finding that purchasers and prospective purchasers understand the term SMART KEYBOARD as referring to technologically advanced keyboards, the genus of goods that includes Applicant's goods," which comprise "a subcategory of such genus."  In re Apple Inc., Serial No. 86857587 (January 13, 2020) [not precedential] (Opinion by Mark Lebow).

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