Zynga was in the news today. They are going public with a $925 million IPO. At this point in time, they have two App Icon Trademark applications, Numbers 85216473 and 85292802 identified as “W5” and “7”.
They were filed on January 12 and April 12, 2011, and the description of the Goods and Services reads like an App Icon. “W5” has already been Published for Opposition, with the Office Action dealing mainly with the description of the Services. “7” had a similar Office Action, but no response yet.
Note that they were filed in black and white. I surmise that the finished version will be in color. This way, they can potentially go after an infringer with any color combination. Granted, the dog in “7” is typical Zynga trade dress, but query what Hasbro would have to say about the W5: could it look too much like a Scrabble piece? I would argue the generic nature of this Mark, and that it should be invalidated.
