The U.S. Patent and Trademark Office shattered Google Inc's plan to trademark "Glass" because of a couple of reasons -- its similarity to existing or pending computer software trademarks and its "merely distinctive" name.
Last year, Google submitted an application to trademark the word "Glass" to use in its marketing campaign. However, in a letter to Google, the trademark examiner argued that it cannot be approved because the name will create a risk of consumer confusion as it was very identical to present and pending trademarks.
He also argued that regardless its distinctive formatting, words that only describe the product has no trademark protection under the federal law.
To defend their application, Google trademark attorneys Katie Krajeck and Anne Peck, submitted a letter explaining the details of their application. They argued that the proposed trademark would not confuse customers considering the attention the wearable device has received in the past two years.
Furthermore, they argued that the proposed name does not describe the product because none of its product was made out of glass. The device is made out of titanium and plastic. Additionally, the name does not say anything about the products function or use.
"Google, like many businesses, takes routine steps to protect and register its trademarks," said a spokesperson for Google to the Wall Street Journal.
Josh Gerben, a trademark attorney in Washington, D.C., on the other hand, said that Google does not need a federal registration to call their product "Glass."
"They just want to call it 'Glass.' They don't want to have to call it 'Google Glass,'" said Gerben, who doesn't represent either sides, to WSJ.
Google is reportedly preparing Glass for market release this year featuring Oakley and Ray-ban frames and designs to make it more attractive to the consumers and convince them to wearing computers on their face.
