Android Oreo – Why trademarks say it might NOT be called Android Oreo 

 August 21, 2017

By  Trademark Ninja


Android Oreo, or not…

Google is revealing the name of it’s new mobile OS today, Android Oreo, right?

Everyone expects it to be called Android Oreo.

Well, everyone except me. I have two reservations:

  1. Oreo Black Trademark
  2. Google’s Trademark for OP

Oreo Black

Firstly, if they do call their new OS Oreo, they have an immediate problem on their hands.

A big one.

This one, in fact:

Oreo Black Trademark Application - LG Trademark For Oreo Black

Actually, that’s not insurmountable though, especially if you have Google money.

The law relating to trademarks in the EU provides that if a trademark hasn’t been used for 5 years since the date of registration any other party can apply to have it revoked.

The LG trademark in the EU was registered on 31 May 2010

If it hasn’t been used ‘in the course of trade’ in a substantial way in the EU by now (and I’m not aware of it if it has) then Google could either (1) Apply to have the LG trademark revoked, or (2) Plough on with calling it’s now Android Operating system ‘Oreo’ and if they get sued by LG, countersue for revocation then

Google’s OP Trademark application

Perhaps more interesting is this:

Google OP trademark logo

That’s a trademark the Google applied for in the EU and US in March of this year, based on an earlier trademark application filed in Tonga on 9th December 2016

In fact I blogged about it on March 15th 2017 – You can see that post here 

The Goods and Services applied for include:

Class 9 – Computer hardware; integrated circuits; integrated circuit memories; integrated circuit chips; computer chipsets; semiconductor processors; semiconductor processor chips; semiconductor chips; microprocessors; printed circuit boards; electronic circuit boards; computer motherboards computer memories; computer operating systems; microcontrollers; data processors; central processing units; semiconductor memory devices, namely, semiconductor memories and semiconductor memory units; system boards (mother cards) and processors; Computer operating software; computer browsing software; computer software for providing access to the Internet; computers; desktop computers; laptop computers; tablet computers; mobile phones.

The US trademark application was published for opposition (i.e. it hasn’t yet been granted) on 27th June 2017 – You can access that application here

The EU trademark application was registered on 18th June 2017 – You can access that application here

What is Google OP?

So, can anyone name a confectionary good with the letters OP?

Could it still be Oreo, but Oreo P, or Oreo Pie, or something like that?

Or am I way off and this has nothing to do with Android or Oreo…..in which case, the question still remains what this OP is?

Google Oreo Logo

Trademark Ninja

I'm A Ninja. You know, Ninja Stars, Ninja Nunchucks, all that sort of good stuff. I'm dispensing truth and justice Ninja Style.....in a very civilised and non-litigious kind of way. Unless you make the Ninja angry, then KARATE-CHOP! Fine, fine. I'm not a Ninja. I'm Brian Conroy, Trademark Agent and Solicitor in Dublin Ireland. Find me (in non Ninja form) at www.brianconroy.com

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