https://tsdr.uspto.gov/#caseNumber=87980831&caseType=SERIAL_...
There are two main types: a "standard character mark" (which is text) and the rest, which are visual logo designs.
This one is the latter. That is, they're not trademarking the text "X", just that particular visual representation — the colors involved, etc.
You can tell in the TEAS system by looking in the "Mark Information" section, and the "Standard Character Claim: No" line.
However, the 'X' they chose is "just" a single UTF8 character, which would then make it classed as a _standard character mark_.
Hmmm.
The Meta trademark is for this design: https://tsdr.uspto.gov/img/87980831/large?1690302463976
It's true that they use the text "X" in the (textual) description of the trademark, but that is not what's being trademarked. See the "Mark Information" drop-down on the page[1], for more detail.
[1] https://tsdr.uspto.gov/#caseNumber=87980831&caseType=SERIAL_...
But could you even get a trademark for X, a single character?
> Providing on-line chat rooms for transmission of messages among computer users concerning video and computer games; providing on-line electronic bulletin boards for transmission of messages among computer users concerning video and computer games
> Entertainment services, namely, providing interactive multiplayer game services for games played over computer networks and global communications networks; providing computer games and video games downloadable over computer global communications networks; providing information on the video game and computer game industries via the Internet; and providing information on computer games, video games, video game consoles and accessories therefor via the Internet
So for _those narrow usecases_, Microsoft can (in theory) enforce a trademark over the character "X". Any attempt to use that trademark here would be tossed immediately IMO.
You never know but I think this would be too far of a stretch to pose a real risk.
This is extra-confusing on the USPTO site[1] because it says "Standard Character Claim: No" (which usually means not text), but it also says "Mark Drawing Type: 1 - TYPESET WORD(S) /LETTER(S) /NUMBER(S)".
And that last part is merely the old way of saying it is Standard Character Claim (that's the newer terminology). See their documentation[2] (page 7); the terminology changed in 2003.
Some more info here: https://trademarkgarden.com/2018/03/09/amazon-and-you/
So my understanding (not a lawyer) is that Microsoft's "X" is indeed generic text, though still limited to the specific goods/services listed in the application.
[1] https://tsdr.uspto.gov/#caseNumber=2693757&caseSearchType=US...
[2] https://www.uspto.gov/sites/default/files/products/applicati...
Where the specific design of the logo is critical is for shirts etc. If you’re selling clothing with other people’s logos that’s a problem, but a distinctive X design is going to be fine.
The X trademark in question appears to be a Service Mark[0], meaning it is a name to represent a service (in this case some kind of social media chat service). My understanding is that the trademark applies to competing services regardless of the artwork or logo, so the social media chat service formerly known as Twitter may have trouble avoiding a collision with it if they want to rename themselves X.
[0] https://tsdr.uspto.gov/#caseNumber=76041368&caseSearchType=U...
Similarly the Honda and Hyundai logos use very different frames rather than the common circle which makes them far easier to distinguish than different fonts inside a circle. Namely a box with rounded corners vs an oval. Honda’s H also floats in the frame where Hyundai connects to the oval etc. The point of a logo is to be distinctive and they are.
Yes. In fact there are at least a few registrations in the TESS database of X for various goods and services. They don’t conflict with each other unless the goods and services are the same.
You don't generally need to sue every infringer in order to keep your trademark. My understanding is it can vary by court and it gets a bit legally complex, and the final decision will depend on various factors (eg: [2]).
[1] for reference: https://tsdr.uspto.gov/#caseNumber=87980831&caseType=SERIAL_...
[2] https://www.dbllawyers.com/can-i-lose-my-trademark-rights/
I see lawsuits ahead.
Apple owns X with OS X and the iPhone X.
Microsoft own Xbox's logo, with the console, store, game pass