(Pinterest, we should note, isn’t the only one to adopt this design style in recent months – Tumblr too introduced a similarly inspired interface earlier this year.)īut the fact that Pinterest adopted a design style that Path had already introduced can help to make the case against Pinterest gaining rights to this trademark. Before the Trademark Office registers a mark, they first examine the mark against prior registrations, and check for a number of factors, including whether the mark could confuse the public, or is deceptive, among many other things.Įxplains Matthew Mitchell, patent attorney at Mitchell Law PLLC, the trademark office publishes the registration, allowing the public – individuals or companies – to file an opposition. Then, you would have to slide your finger over to the action you want to take, like “favorite,” email, or re-pin, for example.
But in Pinterest, the animations only appear when a user presses and holds on a shared pin. In Path, users tap the plus “+” button at the bottom of the screen to pop up a series of post types they can make, like “photo,” “music,” “location,” and more. The animations are very similar to those Path popularized – little, round circle icons that pop up when a user taps the screen directing the user to other actions that can then be taken. However, this particular case is interesting because of the increasing similarities between the design styles of both the Pinterest and Path applications, which could contribute to so-called “consumer confusion” and make the trademark issue more significant.Īs you may recall, in July, Pinterest’s mobile application received a significant update to its design, which introduced a new interface and animations. This is the kind of battle that happens all the time in the trademark world, as companies struggle to come up with logos that are unique and differentiated from their competitors and industry peers. It’s a bit too early in the process to see where this fight goes, but if Pinterest was granted the trademark to the “P,” it could then potentially prevent Path, and other apps, from using similar designs, explains patent attorney Lenny Kravets, who serves as Patent Counsel at InterDigital Communications. trademark office allowed Pinterest’s trademark registration on this proposed design mark, but recently Path asked for an extension in order to file an opposition. The mobile messaging startup is currently working to prevent Pinterest from acquiring the trademark to the letter “P” as a stylized design ( like the one shown here, and below). Are the Path and Pinterest logos too similar? Path apparently thinks so.
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