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The Devil's Advocate - Apple Files for Trademarks on iWork, iWrite, ProBand, and Pods [TMO Scoop, UPDATED]
by - August 17th, 2004

Apple has been quite busy of late with its patent and trademark applications. Coming to light today through the United States Patent and Trademark Office (USPTO) are a slew of new trademark applications, three of which are particularly interesting.

[Author's Addendum: You can also read more about iWrite, another mark filed by Apple, in a new article at The Mac Observer.]

  • Apple filed a trademark application for the IWORK mark on August 5, 2004, which the USPTO designates as US Serial/Application No. 78-462838.

  • Also, Apple filed a trademark application for the PROBAND mark on August 5, 2004, which the USPTO designates as US Serial /Application No. 78-462849.

ProBand and iWork are described as "Computer Software" types of goods/services. For both iWork and ProBand marks, Apple filed its intention to use the marks and has foreign filing priority dates of February 9, 2004. Interestingly, these applications, originally, were filed in Singapore. Apple may be filing there as a means of keeping their filings a bit more quiet.

  • Next up, Apple filed a trademark application for the ZEROCONF mark on June 25, 2004, which the USPTO designates as US Serial /Application No. 78-441794.

ZeroConf is described as:

Computer hardware; computer software; computer operating system software; computer utility software; computer software for use in developing other computer software; Computer software for the automatic configuration of a computer network and computer peripherals and devices

  • Also, Apple filed a trademark application for the SEARCHLIGHT mark on June 21, 2004, which the USPTO designates as US Serial /Application No. 78-438856. Searchlight is described as computer hardware and computer software.

  • Finally, Apple filed a trademark application for the POD mark on July 29, 2004, which the USPTO designates as US Serial /Application No. 78-459101.

POD is described as:

portable and handheld digital electronic devices for recording, organizing, transmitting, manipulating, and reviewing audio files, and peripherals devices for use therewith; computer software for use in organizing, transmitting, manipulating, and reviewing audio files on portable and handheld digital electronic devices [emphasis added].

All the above trademarks were filed in international class 9, which is known as the "Electrical and Scientific Apparatus" class.

iWork, ProBand, and Pods, oh my!

Well all that was a mouthful. There will likely be some speculation as to what these filings signify. It's a pretty decent bet that some new software is coming. Perhaps the most significant are iWork and ProBand.

ProBand, likely, is a more professional version of Apple's GarageBand (much like Final Cut Pro is a more professional version of iMovie).

More interestingly, what is iWork? It could be a simple rebranding of AppleWorks, or it could also be a new Apple office suite to compete with Microsoft Office. Even if iWork is merely a rebranding of AppleWorks, would the "i" prefix predict that we can expect a ProWork version at some point? It's not clear.

Then we have Searchlight and ZeroConf. I suspect Searchlight has something to do with Apple's searching system in its next release of the operating system, Mac OS X 10.4 "Tiger." No biggie there; and ZeroConf sounds like another name for the zero-configuration networking protocol formerly known as Rendezvous (first reported by AppleInsider). Apple is apparently changing Rendezvous' name to either OpenTalk or ZeroConf. Or maybe ZeroConf and OpenTalk will represent different aspects of Rendezvous.

Finally in this Apple trademark-filing mania, we have an application for the POD mark. Here, likely, all Apple is doing is trying to prevent competitors from using other variations of "Pod." So this would prevent knockoff artists from using names like ePod or oPod. However, what is interesting about the Pod trademark filing is that it includes "transmitting" and "manipulating" as part of the description of the product.

Does this guarantee that the next release of the iPod will have the ability to transmit and edit audio? There are no guarantees, but recording and transmitting audio are probably among the most popularly requested add-ons features for the iPod (although I'm personally sorely missing an AM/FM radio on my iPod).

It's not clear what are Apple's plans with regard to any of the above. Although questions regarding the trademarks were put to them --surprise, surprise -- Apple has so far declinded to comment (the company's official policy is to not comment on unannounced products).

Well I don't fault Apple for not wanting to comment on its upcoming products, but I'll take the company's lack of response as a positive sign that they have something good to hide. I just hope it finally includes an AM/FM radio.

is an attorney. Please don't hold that against him. This work does not necessarily reflect the views and/or opinions of The Mac Observer, any third parties, or even John for that matter. No assertions of fact are being made, but rather the reader is simply asked to consider the possibilities.

You can send your comments directly to me, or you can also post your comments below.

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Observer Comments

Show: Subjects Only | Full Comments
Close Name:spxyu02 Posts: 1213 Joined: 04 Aug 2004
Subject:

I like the sound of this iWork as an updated AppleWorks, because that old one hasn't been updated forever, which made me hesitant to get it for the simple database stuff.

POD is no biggie.

However, ProBand I have mixed feelings on. On the upside, a "pro level" garage band would be sweet, but on the downside I'm unsure of how Pro Tools, Logic, and ProBand would potentially stack up. I'm always uncertain whether to just wimp out and get the low-end stuff or go nuts on the high end stuff, but if ProBand is there too (I imagine as "good" but not Logic or ProTools) then that throws another wrench into what I want to get (do I pay alot for ProBand, but still not get everything?, etc)

We'll just have to wait and see. This fall should be extremely interesting and make for long christmas lists come winter

View Name:Guest
Subject: Jeremy
View Name:Guest
Subject: Difference between music apps
Close Name:kenaustus Posts: 601 Joined: 27 Jun 2003
Subject: Apple's working hard . . .

If you look at the range of software updates recently, the bits we've seen on TIger and this then it appears that Apple is churning & burning. Now if IBM can just come up with a major bump in the production of G5s . . .

Close Name:Engine Joe Posts: 412 Joined: 29 Jun 2004
Subject:

Soundtrack and Garage Band are largely about manipulating prerecorded loops (soundtrack being the more 'pro' version, and integrating video). Logic's line of products is pro audio recording, and the premise is not to manipulate prerecorded midi and audio loops, screwing with tempos and keys, but with recording live music - all the way through red book mastering (in logic Pro). No idea on ProBand - it seems to step on the toes of Soundtrack, actually.

Close Name:spxyu02 Posts: 1213 Joined: 04 Aug 2004
Subject: Re: Jeremy

Quote
Anonymous wrote:
Can some explain to me the difference between Soundtrack, Logic Pro, Logic Express, and ProBand (okay it's not released but how would it differ from other options). Also, I wonder if Apple will ever brand Logic under the Apple name and not Emagic. It would be nice to see


Here's how I think they (will) rank (best first):

1. Logic
2. Soundtrack
3. ProBand/Logic Express
4. Logic Express/ProBand
5. Garageband

Clearly Garageband is on the bottom end, and Logic is on top, although I'm not overly familiar with Soundtrack, screenshots and stuff make it look like Logic, and then Logic Express sits above Garageband near the bottom, but I'm as confused as you about ProBand.

View Name:Guest
Subject: Searchlight vs. Spotlight
View Name:Guest
Subject: iWork
Close Name:AyaSofya Posts: 137 Joined: 11 May 2004
Subject:

Hmm, at first I assumed that Apple's iWork would be a MicroSoft Office like suite. But after looking at the iggsoftware site I am thinking that maybe Apple is going to buy this software and maybe iBank and iPaste as well.

I did a search at the Trademark office web site and found 11 listings for iWork, which included both Apple and IGG among others. John Kheit, who wrote this story, is an attorney and maybe he can explain how these multiple trademarks work.

As to an Apple branded Office type of package maybe it will be titled "AppleWorks Pro."

Quote
Guest wrote:
Is already the name of a time tracking billing software I use that's great. Wonder what will happen here.

http://www.iggsoftware.com/iwork/

Close Name:Creole Posts: 551 Joined: 25 Apr 2002
Subject:

Quote
Guest wrote:
Maybe Apple's just covering its liability, but I believe the Tiger search is called Spotlight, not Searchlight (http://www.apple.com/macosx/tiger/spotlight.html). Could this be a different feature? Are they changing the name? Or are they just protecting similar trademarks?


I'd imagine that Apple would be protecting themselves against similar trademarks.

Close Name:jkheit Posts: 20 Joined: 27 Feb 2003
Subject: Multiple trademarks

Quote
AyaSofya wrote:
Hmm, at first I assumed that Apple's iWork would be a MicroSoft Office like suite. But after looking at the iggsoftware site I am thinking that maybe Apple is going to buy this software and maybe iBank and iPaste as well.

I did a search at the Trademark office web site and found 11 listings for iWork, which included both Apple and IGG among others. John Kheit, who wrote this story, is an attorney and maybe he can explain how these multiple trademarks work.

As to an Apple branded Office type of package maybe it will be titled "AppleWorks Pro."


Hi AyaSofya:

Without getting too deep into general information about trademark law, the short story is that you can have multiple and or identical trademark names owned by different companies in some circumstances.

A little background is probably in order. One of the basic purposes of trademarks is to prevent confusion as to the source of a service or goods. For example, in this way you don't have two companies making Coca Cola (one using nuclear wastes and the other sparkling water as a base). In such circumstances, only one company can have the trademark on Coca Cola.

However, when there is little likelihood of confusion as to the source of the product, you have a greater chance that multiple similar or identical marks can co-exist. This is where the class designation and description of the goods/services that is supplied as part of trademark application become more important.

Perhaps a germane example is/was Apple Records and Apple Computers. At least back in 1978, arguably, there was little liklihood you were going to confuse that the Beatles suddenly started manufacturing computers or that Steve Jobs and Wozniak were secretly writing lyrics for the Fab Four. Another example might be "New York Subs" the maker sandwiches is not likely to be confused with "New York Subs" the maker of underwater sea faring transportation devices. Or that "Princeton Shoe Repair" is somehow related to "Princeton University." In such cases, you may find multiple similar or identical marks that are targeted at different industries and or classes, and in such cases they might be able to co-exist without confusing the general public as to the source of the goods or services.

Of course there are million wrinkles, exceptions, gotchyas and subtleties that I'm not going into, but hopefully that information gets at your general inquiry. But please note, this is *NOT* legal advice. I am *NOT* your lawyer. If you have a specific question concerning your circumstances you should consult an attorney as your particular situation may be different, and the above information may not apply. Ok, enough butt covering.

Best regards,
John Kheit

Close Name:Engine Joe Posts: 412 Joined: 29 Jun 2004
Subject: Re: Multiple trademarks

Quote
jkheit wrote:
But please note, this is *NOT* legal advice. I am *NOT* your lawyer. If you have a specific question concerning your circumstances you should consult an attorney as your particular situation may be different, and the above information may not apply. Ok, enough butt covering.

Best regards,
John Kheit


Oh, wow. One of my own kind. I swear, my mantra has become "this is not legal advice and I'm not your lawyer." I think that should be engraved on my tombstone.

So in what jurisdiction(s) are you admitted?

Close Name:AyaSofya Posts: 137 Joined: 11 May 2004
Subject: Thanks for trademark info

Thanks for responding John. I wasn't asking for legal advice, but was wondering how two Macintosh software companies can both trademark "iWork" without stepping on each other's toes.

View Name:Guest
Subject: Road Warrior wishes...
View Name:Guest
Subject: Trademarks and iWorks
View Name:Guest
Subject:
Close Name:Dirt Road Posts: 1228 Joined: 24 Oct 2002
Subject:

I put 40 quatloos on ProBand being the new name for Soundtrack.

View Name:Guest
Subject: ProBand Is Logic
Close Name:spxyu02 Posts: 1213 Joined: 04 Aug 2004
Subject:

I'm with Dirt Road on this one actually. The soundtrack box art looks like garageband and the expansion loops stuff also, and naming it ProBand would make it more parallel with Garage Band. As for Logic, I think that has a much too established name attached to it that I don't think Apple would/should change.

View Name:Guest
Subject: Zeroconf Correction
View Name:Guest
Subject: garageband vs. soundtrack
Close Name:Engine Joe Posts: 412 Joined: 29 Jun 2004
Subject: Re: garageband vs. soundtrack

Quote
Anonymous wrote:
i think you guys are very confused about these two apps. yes they both use loops, but they are very different programs. soundtrack is for scoring video and has no audio in capabilities. it's loops are much more complete songs. garageband is basically a four track on your computer that makes it easy for you to add instrument and ambient loops. i'd love to see where proband fits in with the logic pro, logic express, garageband scheme. it probably adds more editing and mixing features then garageband has, but does not have close to the recording capabilities of logic.


Not true - many of the loops in soundtrack are identical to the ones in Garage Band, and created by the same musicians (at the same sessions) as the loops used in Garage Band. And Soundtrack does have audio-in capabilities for recording.

View Name:Guest
Subject:
View Name:Guest
Subject: Rendezvous
View Name:Guest
Subject: TMs also registered in Australia
View Name:Guest
Subject: Soundtrack vs. ProBand, and iWork
Close Name:spxyu02 Posts: 1213 Joined: 04 Aug 2004
Subject: Re: Soundtrack vs. ProBand, and iWork

Quote
Anonymous wrote:
maybe a clipart/drawing component (though I'd say Photoshop so thoroughly owns that space on the Mac that there'd be no point


I like your thoughts and agree with all parts except for this one. Photoshop is too expensive for lots of people and if you're only going to use a bundled graphics program anyway, photoshop elements is probably even more than you need. So if they came out with a bundle with word processing, spread sheet, money management and a MS Paint on steroids, I'd be all over that. Before I got photoshop on my PC I'd use paint for all cropping and even some basic image/logo manipulation (with gifs and bmps anyway), and even after I got photoshop i would often default to paint because photoshop took forever and a day to load (well, 15 seconds >>> 1 second)

Close Name:Engine Joe Posts: 412 Joined: 29 Jun 2004
Subject: Re: Soundtrack vs. ProBand, and iWork

Quote
Anonymous wrote:
The difference still being, as I'm understanding it from these comments, that Soundtrack is mostly meant for adding sound to video, whereas GarageBand/Logic/ProTools are solely for the creation of music. I'm guessing that ProBand will be above GarageBand, but below Logic/ProTools in features and capability. Maybe Soundtrack will go away and its features (other than actual music creation) be added to one, or both, of the Final Cut products.


Your distinction is pretty much right. One thing people seem to forget when they praise GarageBand so much is that it really is the same thing as Acid, which has been around a long time on the PC. Interestingly, Acid Pro is closer to Soundtrack as it is exactly like a "pro" Garage Band but adds video soundtracking to it.

I don't know that Soundtrack will go away, but I think it probably should if there will be a ProBand which is a the step up from GarageBand. Too many products without sufficient distinctions; especially since Logic 7 is getting the Apple Loops capabilities that Garage Band and Soundtrack have.

View Name:Guest
Subject:
Close Name:faustofernos Posts: 2 Joined: 04 Sep 2004
Subject: ProBand will the next Logic Audio.

Look at the inevitable.
1-Apple bought Emagic in order to own a pro-audio application, software, instruments, etc. which eventually became Soundtrack and Garageband.

2-Apple's website does not offer any support for Logic Audio, even though its owned by Apple (it's still run by Emagic's website)

3-IT would be phenominal to be able to access the virtual instruments, loops, samples that come with Soundtrack/Garageband in a pro-audio application. (What makes it Pro? The ability to create a varying tempo track, multiple input recording tracks, better editing tools, audio scrubbing, etc...)

4-This is all going to be tied toghether with the next gen opertating system Tiger, which features "core audio" technology.

5-My prediction: Tiger comes out in Jan-Mar of 2005, and ProBand gets released shortly thereafter.

6-My life becomes an explosion of joy!

7-iTunes will sell Virtual Instruments, and loops directly via ProBands interface.

8-Future gen of Final cut will also offer video footage (for editing) available online. ITs inevitable.

9-iPhoto will sell clip art. etc..

There you have it folks!
Apple make it so.

Close Name:DawnTreader -   TMO Staff Posts: 13427 Joined: 04 Jan 2002
Subject: Re: ProBand will the next Logic Audio.

Quote
faustofernos wrote:


7-iTunes will sell Virtual Instruments, and loops directly via ProBands interface.

8-Future gen of Final cut will also offer video footage (for editing) available online. ITs inevitable.


Interesting ideas

Close Name:faustofernos Posts: 2 Joined: 04 Sep 2004
Subject: Online sales for Apple

yeah, also iPhoto as well selling clip art you can use in Keynote, and any other future apple apps. I dont ever see them trying to compete with Adobe. But they are going after AVID's market and its theirs to take. Those pro-audio industry types have their heads up their asses. That stuff is so HARD to learn and develop.

I really see apple becoming a major online Media sales app developer, selling clip art, stock photogrpahy, fonts, etc.. its just an extension of their online store they already have set up.

Just a new database. Or some other company will do this. Its just a matter of time.

View Name:Guest
Subject: Logic Pro will include many GarageBand like features
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