Twitter files word ‘Tweet’ with USPTO, plans to enforce

Twitter announced on their blog yesterday that they recently filed the application to trademark the word “Tweet” (USPTO #77715815) in IC’s 038, 041 & 045.  Twitter is the name of a company and an online social network.  The term ‘tweet’ has become an accepted noun meaning ‘a message transmitted via Twitter’ and verb meaning to transmit such a message.  Prior to Twitter’s application a number of companies had already filed variations of this socially-accepted slang term.  Some of those marks are: Tweetdeck, Tweetmarks, Tweetphoto, Tweetup, CoTweet, Tweetworking & Tweet.Me.  All of the above were filed in 2009.

In cases like Kleenex, Xerox and Google, there is precedent of the use of a trademark as a generic term and clear rules of how those words can be used.  Is this the first time that a completely different word that refers to a service has been applied as a trademark?  Is this enforceable?  Inquiring minds want to know.  I want to know.  Lawyers, I would love your feedback.

4 responses

  1. Pingback: Twitter Wants to Trademark Tweet. Really? Really? — MK Anderson

Living by Accident

Sometimes Risk is the Reward

Hi-Tech P.I.

Helping people see the forest for the trees, online.

Holmes, P.I.™

The Many Ramblings of a Not-So-Mad Man

%d bloggers like this: