Apple’s product launches are notoriously
secretive, but the Cupertino, California tech giant is sure to do one
thing ahead of a big reveal: file trademark paperwork in Jamaica.
It did this for Siri, the Apple Watch, macOS, and
dozens of its major products months before the equivalent paperwork was
lodged in the United States. Likewise, Google, Amazon, and Microsoft
routinely file trademarks for their most important products in locales
far flung from Silicon Valley and Seattle. These include Jamaica, Tonga,
Iceland, South Africa, and Trinidad and Tobago—places where trademark
authorities don’t maintain easily searchable databases.
The tech giants are exploiting a US trademark-law
provision that lets them effectively claim a trademark in secret. Under
this provision, once a mark is lodged with an intellectual property
office outside the US, the firm has six months to file it with the US
Patent and Trademark Office (USPTO). When the firm does file in the US,
it can point to its original application made abroad to show that it has
a priority claim on the mark.
In the meantime, though, the provision prevents
competitors from guessing at a firm’s product plans from public filings.
“Competitors could search, ‘What has Apple filed for? What are they
thinking about?'” says Nehal Madhani of legal-software provider Alt
Legal, who has researched the issue. Think of it as arbitraging global intellectual-property laws.
The filings made overseas aren’t, of course,
actually secret—they’re just not easy to access if you can’t go in
person. For instance, the Jamaica Intellectual Property Office
allows visitors to search filings in person at its office in Kingston.
People can also ask the office to search filings for them, but a
Jamaican address is required to receive the results, and the process
takes three weeks. A lawyer in Jamaica, however, can be appointed to
perform the search, the office told Quartz. It said it has no current
plans to put its filings database online. Alt Legal compiled a list of 65 other countries with offline trademark databases like Jamaica’s.
Each tech company seems to prefer a particular
country for its trademark applications. We compiled registration data
going back to 2010 on Amazon, Apple, Google, and Microsoft, and charted
the countries where they first filed trademarks:
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