Tesla has faced a large uphill battle in its journey to gain trademark protections over the terms “Robotaxi” and “Cybercab.” The United States Patent and Trademark Office (USPTO) sent us a “nonfinal office action” a few weeks ago. This action is about Tesla’s application for the “Robotaxi” trademark. This ruling puts the ball back in Tesla’s court, giving them three months to react or face their application being abandoned.
The USPTO’s examiner specifically noted how other companies consistently use the mark as “Robotaxi.” This colloquialism describes state-specific categories of like products and services within the industry. The examiner felt this wording did not go beyond the generic wording of applicant’s goods and/or services. As a result, Tesla needs to provide sufficient evidence and arguments to support its case for the trademark. This includes requiring Tesla to produce relevant and critical documents. They expressed an interest in fact sheets, instruction manuals, brochures, advertisements and related screenshots from Tesla’s website as they apply to the application.
Putting aside the difficulty they are having with “Robotaxi,” Tesla’s application for the “Cybercab” trademark has been stuck. The USPTO has put this application on hold pending other companies applying for the same or similar “Cyber” trademarks. Cyberlandr has already filed for multiple trademarks for these types of aftermarket Cybertruck accessories. This shift makes it tougher for Tesla to set itself apart with its branding.
Sean O’Kane is a veteran reporter who has spent years chronicling the fast-changing world of transportation technology. He emphasized these releases as part of Tesla’s commitment to continually iterate and improve in the autonomous vehicle space. Though it has faced these challenges, Tesla is still on track to begin operating its autonomous taxi fleets that are poised to transform city transportation as we know it.
While Tesla wins against these trademark bullies, it needs to be prudent with respect to its future strategy. The eventual fate of these applications will be hugely important for the branding of its future offerings, in an already crowded and competitive market.
Leave a Reply