Nike Wants To Trademark The Word "Footware"

After the success of the self-lacing shoes Adapt BB, Nike is increasingly oriented to expand its sector of smart sneakers. The Fashion Law reveals that last month the company submitted an intent-to-use trademark application for the registration of the word "footware" at the U.S. Patent and Trademark Office ("USPTO"). The term, a hybrid between "footwear" and "software", would be used to describe any Nike shoe that includes:

“computer hardware modules for receiving, processing, and transmitting data in Internet of things electronic devices; electronic devices and computer software that allow users to remotely interact with other smart devices for monitoring and controlling automated systems”.

In a nutshell, according to trademark attorney Josh Gerben:

“Essentially, it appears that Nike will start to brand any smart shoes as FOOTWARE as opposed to FOOTWEAR”.

Normally the close similarity of the two terms would block the registration, as the trademark office generally ignore small differences in spelling, but Nike hopes for a winning response and, for this, specified that the use of the new word will be limited to the category of products with electronic components and software. The USPTO has not yet expressed its judgment, but if it granted the trademark, the sportswear giant could add another iconic element to its characteristic swoosh and the highly popular "Just Do It".