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by gorner
3933 days ago
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Per the USPTO trademark database (on mobile so can't readily link), FiftyThree has a trademark on "Pencil by FiftyThree", not on "Pencil". Moreover the trademark they do have specifically disclaims exclusive rights to the word "pencil" by itself. (IANAL but typically USPTO will ask for these sorts of disclaimers if part of the trademark is deemed generic/descriptive.) Similarly Apple's product is officially named "Apple Pencil". So Apple is probably in the clear. |
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