Apple, USPTO settle lawsuit over 'Smart Keyboard' trademark
Five years after the US Patent Office rejected Apple's bid to trademark the term "Smart Keyboard," the two sides have agreed to settle their dispute.
Apple's Smart Keyboard for the 12.9-inch iPad Pro in 2015
Apple introduced the Smart Keyboard for iPad in 2015, and in 2018, its attempt to register the trademark was denied by the US Patent Office (USPTO). The ruling said that the term was generic, and therefore ineligible for trademarking.
In 2021, Apple's appeal against the decision was turned down by the USPTO's Trademark Trial and Appeal Board. Following that decision, Apple sued the USPTO.
"Smart Keyboard is not generic," said Apple in its suit. "It is a descriptive term that has acquired secondary meaning as a result of Apple's more than five years of substantially exclusive use."
Now, according to Reuters, lawyers for Apple and USPTO have told a Virginia federal court in a filing that they have settled the lawsuit in principle.
The filing does not disclose the terms of the settlement, and it is not known whether Apple can now trademark the term. All the filing says is that the lawyers are asking for a short extension to "allow them time to finalize their agreement and file a stipulation with the court."
Apple's Smart Keyboard for iPad is a front cover that also lets users prop up the iPad for typing on its thin, sleek and seamless keyboard.
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