United States
In its May 6 decision, the U.S. Patent and Trademark Office stated that the name Robotaxi is not distinctive enough for a self-driving taxi. You can’t get a trademark registration for names like that. Tesla now has three months to appeal the decision.
Europe
Musk’s company has also applied for trademark protection in Europe. A look at the EU-register shows the application is still “under examination.” So, that’s going to be interesting. Will Elon’s brand make it in Europe? If I’m allowed to make a (rather easy) prediction: I don’t think so.
1 + 1 = 2
It’s actually pretty simple: Robo is a commonly used abbreviation for robot, and taxi is just taxi. Putting the two together doesn’t really create anything special or distinctive: 1 + 1 just equals 2—not 3. And even the missing extra ‘T’ in the middle doesn’t change that. Robotaxi simply describes what it is: a “robot taxi,” a self-driving taxi. Based on European case law in this area, there’s a strong chance that the Robotaxi trademark application will also be rejected. The name seems to fit neatly alongside Easysleep, Eventpass, Drymixture, and Cardiotools—all examples of trademarks that were refused registration because they were just obvious combinations of two descriptive words. I’d be surprised if Musk gets his way here.
Generic Term
One day after writing this piece, the Dutch newspaper FD publishes an article titled: “The robotaxi is entering Europe, but very slowly.” And below that: “Baidu and other, mainly Chinese, companies want to introduce robotaxis in Europe.” Therefore, in short, robotaxi is not only descriptive, but seems to have quickly become the generic term for self-driving taxis. Good luck trying to make that into a trademark.
Bas Kist
