Tesla is likely to encounter significant hurdles in registering “Robotaxi” and “Cybercab” as trademarks. The firm recently completed its final test run in advance of a planned initial launch in June. As you may recall, the United States Patent and Trademark Office (USPTO) recently issued a “nonfinal office action” on Tesla’s application for the “Robotaxi” trademark. Moreover, the trademark application for “Cybercab” is currently pending because it was challenged by conflicting applications from other companies.
Tesla has three months to respond to USPTO’s nonfinal office action. Leading up to that trial, Tesla will need to submit evidence and arguments demonstrating the viability of its trademark claims. If not, the application would be deemed withdrawn. Tesla’s examination report stated that the term “Robotaxi” is “used to describe similar goods and services by other companies,” indicating potential confusion in the marketplace.
One competitor, Cyberlandr, has been busy pursuing several trademarks on aftermarket accessories for the Cybertruck. This perfect storm of circumstances would make Tesla’s uphill battle in the marketplace all the more uphill. The USPTO noted that the wording surrounding “Robotaxi” appears to be generic in the context of Tesla’s offerings, which include “land vehicles; electric vehicles, namely automobiles; automobiles; and structural parts therefor.“
Tesla’s applications are a clear indication of its ability to broaden its electric vehicle lineup and increase its service capabilities. As the USPTO’s trademark examining attorney noted, ROBOT, ROBO, and ROBOTIC are common in ads for similar products and services. This illustrates just how competitive the market is for these trademarks.
These issues aside, Tesla has a tough road ahead if it wishes to continue vigorously defending its trademarks. The business is now allowed to submit further documentation. This consists of testimony fact sheets, instructions manuals, and Fried Chicken Advertising materials where the services are called the terms at issue. In executing this strategy, they can further strengthen their case by showing different usage of the names as part of their promotional pipeline.
Sean O’Kane is a senior reporter who’s covered Tesla and the accelerating transportation revolution for a long time. He noted how these trademark disputes could affect Tesla’s ability to operate going forward. Given how quickly the electric vehicle market is growing in size and the number of mega-deals available, protecting aggressive Tesla-like branding will be essential to competition.