NIKE'S ATTEMPT TO REGISTER THE "FOOTWARE" TRADEMARK

 At the end of last month, Nike filed a trademark application 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 over the Internet from Internet of Things (IoT) devices; electronic devices and computer software that enable users to remotely interact with other smart devices for monitoring and controlling automated systems," among other hardware and software products and services.

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

Nike will likely start “branding” any type of smart shoes as “FOOTWARE” instead of “FOOTWEAR.” Judging by how famous and powerful the well-known “Just Do It” and “swoosh” logos 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 is currently pending review by the USPTO.

If Nike succeeds in its endeavor, it would mark the beginning of a rather surprising new form of branding strategy.