NIKE'S ATTEMPT TO REGISTER THE "FOOTWARE" TRADEMARK

 Late last month, Nike filed a trademark application for registration with the U.S. Patent and Trademark Office ("USPTO") for the word "FOOTWARE" - to be used in connection with sneaker-specific computer hardware modules for receiving, processing and transmitting data in Internet of electronic devices of things; electronic devices and computer software that allow users to interact remotely with other intelligent devices for the monitoring and control of automatic systems", among other hardware and software products and services.

It appears that Nike attempted to extend the registration to Class 25 (i.e., the trademark class covering shoes). This is a registration that even Nike would likely not obtain, because the trademark would be considered descriptive of the goods relating to shoes and therefore unregistrable.

Nike will likely start branding all types of smart shoes as FOOTWARE instead of FOOTWEAR. Judging by how popular and powerful the well-known "Just Do It" and "swoosh" signs are, the new trademark could catch on and ultimately serve to identify Nike's smart shoes as a whole (and not just their technological components). As for the application, it itself is currently awaiting review by the USPTO.

If Nike succeeds, it would be the beginning of a rather surprising new form of branding strategy.