Hmm . . . a Few Bars: Tesla Changes its Tune on Model 3 Trademark

March 8th, 2017 by Eric Lane Leave a reply »

About a year ago, Tesla filed two new trademark applications in the U.S. Patent and Trademark Office (USPTO) – Application Serial Nos. 86/960,133 and 86/960,138 – the first for its three bars design and the second for the mark MODEL 3 with three bars:

 


Last month, Adidas filed an opposition proceeding in the USPTO opposing registration of the two applications.  The problem was that Tesla’s trademark applications were not for electric vehicles, but for clothing.

In its Notice of Opposition, Adidas argued that it would be damaged if Tesla were to obtain these registrations because consumers would be confused by the similar trademarks used on related products and such use would dilute the distinctiveness of Adidas 3-bar brand:

Tesla decided not to fight, instead withdrawing its trademark applications, which led the USPTO Trademark Trial and Appeal Board to declare Adidas the victor.

According to a few recent articles (e.g., on engadget and GeekWire), Tesla has changed its logo from three bars to the number 3.

From a quick scan of the federal trademark records, it doesn’t look like Tesla has filed any new trademark applications since giving up on the bars.  However, the automaker has a pending application for MODEL 3 for clothing – Application Serial No. 86/301,896 – filed back in 2014.

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