Apple Pencil: Trademark Disclaimer

 

Apple Pencil 

Hello, I am h.m. Peavy.

Apple Pencil* is the brand name for my handmade wood pencils made from twigs of Winesap apple trees since January 2015. I have owned the domain names applepencil.com and applepencils.com since June 2015, before Apple Inc. introduced its electronic digital stylus to the U.S. market in September 2015. In a proposed settlement agreement, Apple offered to purchase the domains in connection with its opposition to my unsuccessful 2015 U.S. Federal trademark application for the mark Apple Pencil under U.S. Class 16 for art supplies, including wood pencils. Apple’s non-disclosure agreement was not acceptable to me as an artist, and I declined the offer due to my concerns about censorship.

*The U.S. Trial and Appeal Board ruled that consumers would likely be confused between a natural wood pencil and an electronic digital stylus and denied U.S. Federal trademark registration. I could not afford to appeal. Since I was making and selling pencils made out of apple tree wood in good faith and had registered the domain names before Apple introduced its digital electronic stylus to the U.S. market, I was able to successfully retain ownership of the two domain names and the descriptive brand name and Winesap apple logo for my pencils, and indirectly prevent another wood pencil manufacturer from using the brand name worldwide. 

This product is not manufactured, sponsored, licensed, or officially endorsed by Apple Inc. Apple Pencil® is a registered trademark of Apple Inc. in the U.S. and other countries for its digital electronic stylus.