If you use Logic Pro X on an iPad, you can get an app called Logic Remote that is coupled for this program. The iTunes entry touts Logic Remote as an iPad companion app, designed to use the iPad’s Multi-Touch. This app can even turn the iPad into a keyboard, drum pad, mixing board or guitar fretboard.

The app icon was filed as a trademark application into the USPTO under Serial No. 86013133 on July 17, 2013:

iOS 7 is in beta testing, and coming to Apple mobile devices in the Fall of 2013. All Icons have been revamped to fit a new branding image. Gone is the 3D ‘chiclet’ effect giving the icons a trompe-l’oeil convex surface, now with a more simple 2D design prevailing.

Most of the new App Icons have been filed as Trademark applications in the US, affirming that, at least in Apple’s eyes, the Icon is a registrable Trademark. Strangely, there are no TM applications for the new Safari and Music Icons:

This could be an oversight, or possibly fear of opposition from Samsung (see my earlier post on that topic here).

If you want to see what the new iOS looks like, check here: http://www.apple.com/ios/ios7/design/

For your reference, here are the new Icons, with their respective USPTO Serial Numbers and filing dates:

Calculator:filed June 26, 2013 (priority of April 3, 2013), SN 85970905

Camera: filed June 26, 2013 (priority of April 3, 2013), SN 85970939

Clock: filed June 26, 2013 (priority of April 15, 2013), SN 85970984

Compass: filed June 26, 2013 (priority of April 3, 2013), SN 85970994

Contacts: filed June 26, 2013 (priority of May 14, 2013), SN 85971008

Game Center: filed July 2, 2013 (priority of April 15, 2013), SN 86001118

Mail: filed June 26, 2013 (priority of April 25, 2013), SN 85971063

Maps: filed June 27, 2013 (priority of April 3, 2013), SN 85971409

Messages: filed June 27, 2013 (priority of April 3, 2013), SN 85971439

Videos: filed June 27, 2013 (priority of April 3, 2013), SN 85971650

Newsstand: filed June 27, 2013 (priority of April 15, 2013), SN 85971494

Notes: filed June 27, 2013 (priority of April 15, 2013), SN 85971520

Passbook: filed June 27, 2013 (priority of May 14, 2013), SN 85971549

Phone: filed June 27, 2013 (priority of April 3, 2013), SN 85971566

Photos: filed July 2, 2013 (priority of April 15, 2013), SN 86001153

Reminders: filed June 27, 2013 (priority of May 14, 2013), SN 85971596

Settings: filed June 27, 2013 (priority of April 15, 2013), SN 85971613

Stocks: filed June 27, 2013 (priority of May 21, 2013), SN 85971631

Video chat: filed June 24, 2013 (priority of May 14, 2013), SN 85968558

Weather: filed June 27, 2013 (priority of May 14, 2013), SN 85971658

After a nearly-negligent prosecution effort on behalf of Apple’s TM attorney, Apple has secured US Trademark Registration No. 4305923 on March 19, 2013, for its App Icon, iAd. The service covered by the Mark helps users create ads on their tablets or iPhones.

The situation is not so rosy in Europe, where Apple’s Trademark No. 1106368 is being opposed by INFOADEX, S.A., a Spanish advertising agency.

When it comes down to details, the USPTO is draconian, and rightfully so. Suppose a business registers one Trademark and uses a minor variant of that Mark for its product. The minor variant cannot be fully enforced as a Registered Trademark, because it’s not what was registered.

Clients often supply me with a specimen of use for their Trademark application, and the specimen does not exactly match the originally-filed Trademark. This is a recipe for disaster: not only will the USPTO Examining Attorney never approve any specimen with even the most insignificant amendments to the Mark, if the TM Owner chooses to enforce the Mark based on USPTO Registration, the Defendant can always invoke that the Mark has never been Registered.

The Applicant of the FindTheBiz App Icon has made such a mistake. Instead of pursuing the App Icon as it appears on iTunes, being this:

the USPTO Registration No. 4199155 (Registered on August 28, 2012) is for this:

A review of the file history reveals that the latter image was used as specimen showing use. The pro se applicant made a mistake, and should have used the Icon as it appears on iTunes. In a hypothetical situation, if a competitor released an App whose Icon was also of a little man with a fedora hat and magnifying glass, FindTheBiz may encounter problems on the enforcement end because their App MUST be sold with the words “FindTheBiz” underneath the Icon.

Arguably, an informed judge in a court of law will extend common law rights and equity to give cause to FindTheBiz, but there is no reason to tempt fate like this. Conclusion: file the App Icon Trademark for the Icon and the Icon alone.

Box, Inc. is a cloud computing provider with several Apps. Their iTunes App Icon looks like this:

Sure enough, a US Trademark application was filed on November 7, 2011, serial No. 85466608. However, there is a prior application (No. 85429919) filed on September 22, 2011, for this:

The latter Icon does not appear on iTunes, and appears to be more generic than the Icon with the cloud silhouette.

This is an example of prudent business practice. While Marketing Department genuinely struggles with ‘Which Icon do we Use?’, Legal Department wisely said ‘Protect them both’.

Not only does Box, Inc. firmly plant stakes in valuable territory, they will always have the option of releasing new Apps (provided they keep the registration alive by filing Extensions of Time to file Statement of Use, which can be stretched for up to 3 years), knowing that their Trademark will be protected.

If you have recently visited a mall in America, you may have noticed that Brookstone is on a roll with new toys and technology. Their IP counsel has also been on a filing roll for App Icons. At the end of December, 2011, Ms. Hirst has filed three applications for Brookstone Apps.

Now your iPhone can become a clock radio thanks to the Flip and Retro Apps. No news on what the “B” stands for yet, but the Rover Spy Tank app was not protected by a Trademark. Are they phasing the WiFi remote controlled tank out?

According to a report on one of my colleague’s web sites (http://www.trademarkia.com/opposition/opposition-brand.aspx), Apple and Zynga take the third and fourth position in the list of trademark ‘bullies’.

What does this mean? Simple: they have opposed more trademark applications than other trademark holders.

This is important if you have Apps. Why? Because Apple and Zynga are voracious App filers, and will protect their App Icons from competing Apps. Needless to say, Trademark ‘bullies’ take a stance that everything infringes even if it does not, and the victim has to prove otherwise.

In conclusion, it is of the utmost importance to protect your App Icons as Trademarks before more ‘bulles’ get on the field and shut you out.

On January 16, 2012, Digi International filed for a US TM for its App Icon, “Smartlee”, a free App that “makes it easy for you to see your use of electricity, water, and gas, set control points on thermostats and smart plugs, and save money by reducing your consumption.”

You can find it here: http://tarr.uspto.gov/servlet/tarr?regser=serial&entry=85517459

Buncee filed for a Trademark in black and white with grey shading on November 19, 2010, SN8517782:

However, the Buncee App Icons are in color:

Buncee picked a terrific tactic to protect your entire line of Apps: distill your App Icon to its base elements, and file for protection. I would confidently pursue an infringer who would make an App Icon similar to the Buncee image with any color combination, and I would probably win.

We can only conclude that this is a great example of aggressive and intelligent IP protection.

Flipboard filed for a Trademark of its App Icon (see above), Serial No. 85191330 exactly a year ago tomorrow. According to the file’s history, after an uneventful prosecution the application was Published at the end of October.

The curious thing about this TM application is that Flipboard did not use progressive color shading as they have on their App Icon. The shading simulates pixels in the right part of the F, and creates a branding image exclusive to Flipboard.

Suppose now that a competitor brings out a game where you fly a B2 stealth bomber, which looks like this:

and the App’s Icon looks like this:

Would Flipboard be able to stop them? Would your answer be the same if the picture was of a little spaceship, and the App were for a children’s current events review?