Instagram Opposes the Registration of Instagem Trademark

NewsTrademark    July 15, 2020
trademark registration Posted On

The widely known photo and video-sharing social networking platform, Instagram, has quite recently filed an opposition before the Trademark Trial and Appeal Board (TTAB) against the Trademark Registration of the word INSTAGEM by Market Organization Inc. In its opposition filed, Instagram has claimed that the INSTAGEM trademark will cause a lot of consumer confusion and also damage the reputation of Instagram. The applicant, Market Organization, is willing to get the mark INSTAGEM registered in International Class 41 for ‘Video Editing.’

According to Instagram, its social media platform was launched in 2010, and since then, it has been consistently using the INSTAGRAM trademark in connection with its platform in the US. It also owns a variety of Trademark Applications and registrations for the mark INSTAGRAM covering several goods and services. Besides Instagram’s social networking platform, the trademark applications and registrations include –

  1. Providing use of online temporary non-downloadable software for allowing the transmission of images, audiovisual, and video content
  2. Both downloadable and non-downloadable computer software for modifying the appearance and allowing the transmission of images, audio-visual, and video content

Instagram has alleged that Market Organization’s services are quite similar to the ones it offers corresponding to the INSTAGRAM mark. Instagram is now opposing this trademark registration as it believes that the applicant’s proposed trademark is deceptively similar to the INSTAGRAM mark, and the same holds immense potential for creating confusion in the minds of the customers or users. According to Instagram, the customers might also end up thinking that the applicant is or has been connected or affiliated with Instagram. Another possibility lies in the customers believing that the applicant’s services provided under the proposed trademark have been authorized, sponsored, endorsed, or licensed by Instagram. Additionally, it has also stated that the INSTAGEM mark shall dilute the INSTAGRAM mark and cause great damage to its reputation.

All in all, Instagram wants the trademark registration of the INSTAGEM mark to get refused.

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