Why Apple's iWatch isn't the "iWatch"

From my past posts it may appear that I'm a professional cook, clergyman, photographer, father (I guess I kind of am), or comedian (yeah, I wish).  I am actually an intellectual property attorney by profession - part lawyer/part engineer/all nerd.  The discussion of my profession does not get me much traction during cocktail party conversations or social events unless someone's crazy uncle with dreams of perpetual motion machine happens to be there. In fact, our only intellectual property legal hero in popular culture is Calvin's dad of Calvin and Hobbes. I mean really, have you ever heard a woman say 'I hope I can find me some handsome patent attorney one day?'  Yeah, me neither.  But in this post, I'm going to delve into my professional background and actually make some a business commentary post. I can hear the "back buttons" being pressed right now.  Nevertheless, I forged forward.

Like many of you, I tuned in to watch Apple's announcement of its new iPhone 6 (which I totally need one to replace my 4S) along with the highly anticipated new Apple Watch.  I have followed the online hullabaloo for the past couple of years which have almost universally dubbed this as the "iWatch." There were many reporters and bloggers surprised then when the product name was revealed as simply the "Apple Watch," using the Apple logo as apposed to the word "Apple".  As a geek patent and trademark attorney who works in-house for a corporation and helps select and defend trademarks, I appreciate immediately what a genius move this really was.

Trademark selection is not as easy as choosing a name. My company is frustrated time and time again  when we identify a potential desirable trademark only to find that our competitor has been using the same mark for years.  In most foreign countries the first person to file a trademark application gets the rights to that name. So if someone owns the rights to a trademark and you adopt it, they either shut you down and force you to change the name of your product or more likely, if you are Apple, they crawl out from under their bridge and demand an exorbitant toll to use that trademark.

With the long telegraphed launch of a watch made by one of the richest companies in the world who is fond of putting the letter "i" in front of everything, this has given potential trolls years to file their trademarks for "iWatch" and lay in wait to demand blood from Cupertino. I can guarantee you that when Apple announced that this product would be called the "Apple Watch" and not the "iWatch" there were a number of Asiatic and South American "trademark entrepreneurs" who realize their investment would not pan out, i.e., there would be no blackmailing Apple.

Instead, like most of Apple's products, the trademark selection was intelligent, sleek, and elegant. Apple simply relied upon its enormously valuable and globally recognized Apple logo next to the word "watch." Brilliant! Since the word "watch" for selling watches is not protectable (and you cannot be sued for using it), Apple does not actually have a trademark this watch other than 'the watch made by Apple.' Yet, everyone in the world already knows exactly what it is and who makes it. For a trademark attorney, this is absolutely beautiful.  No trolls, no lawsuits in Brazil, no lawyers making millions and millions of dollars fighting over a name (I am just fine not paying lawyers, don't worry they will find someone else to exploit) and no trademarks to file all over the globe.  Though I am sure internally there was a lot of debate and questioning in adopting such a simple name, the right people obviously won out and Apple can press forward without having to battle the Dark Knight defending his three-foot long bridge handing out a scratch here and flesh wound there.

Okay, that doesn't for business posts. I'll return to my next post with lists that are not really all that funny, and philosophy that is not that insightful, but hey, what do you expect from an intellectual property attorney who writes a blog?


UPDATE:

I don't like to brag that I was right... OK I do:

http://www.macrumors.com/2014/10/29/probendi-android-iwatch/