U.S. Patent Office Grants Tesla A “Model 3” Trademark Extension

8 months ago by Eric Loveday 16

Tesla Model 3 Site Shows New Name

Tesla Model 3 Site Shows New Name

The U.S. Patent & Trademark Office (USPTO) recently issued an extension to Tesla Motors for the use/trademark of “Model 3”

According to Teslarati:

“Teslarati’s legal rep. uncovered records showing that Tesla originally filed for the E-styled design mark on March 31, 2016, which was then granted allowance on October 4, 2016. In order to fully register the mark, allowing the ® symbol to be used, Tesla must submit a statement and proof of the use of the mark in commerce within six months of allowance – April 4, 2017.”

Proof of use does not mean that the vehicle has to be in production by April 4, 2017 though. Proof of use could theoretically be obtained by something as simple as the recent website change (plus some other more automotive-related use indicator) that now shows Model 3 with the number in use, rather than the old three-bar format.

Here’s the trademark filing, with the “LIVE” indicator at the end, meaning it’s still open and still in Tesla’s hands.

Original Tesla Model 3 Trademark Application

Original Tesla Model 3 Trademark Application

Tesla has one more extension opportunity (the most recent extension is the third for this particular Tesla trademark), which would secure the trademark out for one more year from the April 1, 2017 date.

Head on over to Teslarati for a copy of the USPTO acceptance of Tesla’s filed extension for use of “Model 3”.

Source: Teslarati

Tags: , , , ,

16 responses to "U.S. Patent Office Grants Tesla A “Model 3” Trademark Extension"

  1. Alan says:

    Would they be allowed to simply reverse the number 3 backwards to look like an E ?

    1. Alan says:

      I think it’s called an epsilon ?

    2. Pushmi-Pullyu says:

      “Would they be allowed to simply reverse the number 3 backwards to look like an E ?”

      That would be a different trademark, and a different application. But I have little doubt they would be allowed that distinctive trademark unless Ford objected that it was too close to “Model E”; close enough to cause confusion. And I would guess that Ford would indeed object to that.

  2. Roy_H says:

    I don’t understand the “extension”. Do trademark holders have to apply for an extension every year on every trademark?

    1. Pushmi-Pullyu says:

      Quoting from the U.S. Patent and Trademark Office website:

      If the applicant is not using the mark in commerce on all of the goods/services listed in the notice of allowance, the applicant must file an extension request and the required fee(s) to avoid abandonment. Because extension requests are granted in 6 month increments, applicant must continue to file extension requests every 6 months.

      I’m just guessing here, but I would guess that Tesla said it was going to use the trademark on a mass produced automobile. And since Tesla is not yet making those, it needed to file an extension for the use of the mark on that class of goods.

      I question the claim or suggestion in the article here that display of a trademark on a website would count as actual use. Trademarks are applicable to (as I recall) 14 distinct categories, and a trademark is applicable only within that category. The category which includes automobiles almost certainly does not include mass media such as a web page.

      For example, many companies license their trademark to be used on T-shirts. But unless the trademark is for a line of clothing (say, Nike), then the company has to apply for a separate trademark for use on clothing. Otherwise anyone would be able to sell T-shirts with that logo on it.

      https://www.uspto.gov/trademarks-getting-started/trademark-basics/trademarks-what-happens-next

      1. So in that case – it would seem that at least 3 applications are needed:
        1) Mass Market Vehicle and the parts therefor,
        2) Clothing to represent the said vehicle,
        3) Video and Still Images used in Communication of Said Vehicles existence, either in print, on paper or clothing, and in Mass Media including but not limited to Magazines, Newspapers, Television & Radio, and Internet websites or video sites.

        That would pretty much cover them! Did I miss anything?

        1. Pushmi-Pullyu says:

          I would guess also toys, to cover such things as Hot Wheels cars and other die-cast models, plastic model kits, and possibly a Radio Flyer Model 3.

  3. Mister G says:

    Model 3 reservation for sale… $10,000 or best offer

    1. Pushmi-Pullyu says:

      Reservations are not transferable. It says so right in Tesla’s fine print.

      1. Mister G says:

        Alternative fact: reservations are transferable

        1. Sorry G! There are no alternative facts on this – the time you signed up for the reservation, is – in fact, the time you signed up for the reservation!

          You can’t compare the misappropriated reference freely without payment to the copyright Holder and first user! :*)

        2. Mr. M says:

          Theay are not, but you are free to design your Tesla to the likes of someone other and sell your car to him after you recieved it.

  4. Eric G. says:

    I’m a little confused. Does this mean Tesla is still trying to ultimately get to return to using the symbol? Personally, I’ve grown quite fond and would welcome its return.

    1. Pushmi-Pullyu says:

      That’s a good question. This raises the possibility that Tesla only used “Model 3” in a new website image to support its claim for that trademark. In my (not-a-lawyer, layman’s) opinion, it doesn’t necessarily mean that Tesla has decided not to use a “Model ≡” badge on the car.

      Stay tuned for further news! 🙂

  5. Jason says:

    Model≡ looks so much more classy than Model 3, I hope they use it.
    I’d love it if they did something similar for Model S and Model X.

    1. Pushmi-Pullyu says:

      Indeed! I hope Tesla sticks with the distinctive “Model ≡”, rather than “Model 3”.