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Tesla granted extension to use “Model 3” in commercial setting by U.S. Patent & Trademark Office

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With Ford’s “Model E” still firmly rooted in its trademark rights, it seems Tesla Motors has had to make some important intellectual property decisions as it prepares itself for Model 3 branding ahead of what will be sold to the public. Namely, it looks like they’ve given up the E-based “3” design in favor of the standard character mark “Model 3”.

Teslarati’s legal rep. uncovered records at the U.S. Patent & Trademark Office (USPTO) showing that Tesla originally filed for the E-styled design mark on March 31, 2016, which was then granted allowance on October 4, 2016. In order to fully register the mark, allowing the ® symbol to be used, Tesla must submit a statement and proof of the use of the mark in commerce within six months of allowance – April 4, 2017.

There are many ways to prove that Tesla is using the mark commercially, but the Model 3 page on Tesla’s website has recently stopped using the design on the upcoming vehicle in favor of the standard characters “Model 3”. This likely means that Tesla will abandon the use of the E-based design on the vehicle in favor of the number 3.

 

Tesla also holds the rights for the “Model 3” mark. It received its USPTO allowance on July 14, 2015 and has since filed three extensions to submit a statement and proof of commercial use. The current extension was made on January 13, 2017 and will expire in July of this year. The timing of the extension filing and the website change could be a signal that the final event for “Model 3” will take place around the 1-year anniversary for last year’s March 31 debut.

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One can also stretch and speculate that Tesla may showcase a ride-sharing concept using the Model 3 in a “commercial” setting in its anticipated upcoming event.

Using the “Model 3” mark on anything being commercially produced under the category filed (i.e., “Automobiles and structural parts therefor”) will satisfy the USPTO requirements and give Tesla full rights to the mark. Does this explain the sudden branding change? Tesla may only extend the deadline one more year before it will be considered abandoned. The E-stylized mark, however, still has another two years’ worth of extensions to use.

Tesla’s initial branding goal for the vehicle was to use “Model E” to complete a tongue-in-cheek S-E-X, when combining the names of its “Model S” and “Model X” vehicle. Unfortunately, Ford Motor Company was already using a “Model E” mark, and filed its mark in December of 2013 to secure its full trademark rights. Tesla had actually filed its mark first (August 2013), but the law becomes complicated if someone else is using the mark even without a formal registration.

According to CEO Elon Musk during a 2014 shareholders meeting, Ford threatened to sue Tesla if they pursued their mark, and they abandoned it in April 2014. The E-styled mark was a way around this hiccup in order to maintain the “SEX” combination.

We’ve included a copy of USPTO acceptance of Tesla’s filed extension for use of “Model 3″.

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[pdf-embedder url=”http://www.teslarati.com/wp-content/uploads/2017/01/86301895.pdf”]

Accidental computer geek, fascinated by most history and the multiplanetary future on its way. Quite keen on the democratization of space. | It's pronounced day-sha, but I answer to almost any variation thereof.

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Tesla dispels reports of ‘sales suspension’ in California

“This was a “consumer protection” order about the use of the term “Autopilot” in a case where not one single customer came forward to say there’s a problem.

Sales in California will continue uninterrupted.”

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Credit: Tesla

Tesla has dispelled reports that it is facing a thirty-day sales suspension in California after the state’s Department of Motor Vehicles (DMV) issued a penalty to the company after a judge ruled it “misled consumers about its driver-assistance technology.”

On Tuesday, Bloomberg reported that the California DMV was planning to adopt the penalty but decided to put it on ice for ninety days, giving Tesla an opportunity to “come into compliance.”

Tesla enters interesting situation with Full Self-Driving in California

Tesla responded to the report on Tuesday evening, after it came out, stating that this was a “consumer protection” order that was brought up over its use of the term “Autopilot.”

The company said “not one single customer came forward to say there’s a problem,” yet a judge and the DMV determined it was, so they want to apply the penalty if Tesla doesn’t oblige.

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However, Tesla said that its sales operations in California “will continue uninterrupted.”

It confirmed this in an X post on Tuesday night:

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The report and the decision by the DMV and Judge involved sparked outrage from the Tesla community, who stated that it should do its best to get out of California.

One X post said California “didn’t deserve” what Tesla had done for it in terms of employment, engineering, and innovation.

Tesla has used Autopilot and Full Self-Driving for years, but it did add the term “(Supervised)” to the end of the FSD suite earlier this year, potentially aiming to protect itself from instances like this one.

This is the first primary dispute over the terminology of Full Self-Driving, but it has undergone some scrutiny at the federal level, as some government officials have claimed the suite has “deceptive” naming. Previous Transportation Secretary Pete Buttigieg was vocally critical of the use of the name “Full Self-Driving,” as well as “Autopilot.”

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New EV tax credit rule could impact many EV buyers

We confirmed with a Tesla Sales Advisor that any current orders that have the $7,500 tax credit applied to them must be completed by December 31, meaning delivery must take place by that date. However, it is unclear at this point whether someone could still claim the credit when filing their tax returns for 2025 as long as the order reflects an order date before September 30.

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tesla showroom
Credit: Tesla

Tesla owners could be impacted by a new EV tax credit rule, which seems to be a new hoop to jump through for those who benefited from the “extension,” which allowed orderers to take delivery after the loss of the $7,500 discount.

After the Trump Administration initiated the phase-out of the $7,500 EV tax credit, many were happy to see the rules had been changed slightly, as deliveries could occur after the September 30 cutoff as long as orders were placed before the end of that month.

However, there appears to be a new threshold that EV buyers will have to go through, and it will impact their ability to get the credit, at least at the Point of Sale, for now.

Delivery must be completed by the end of the year, and buyers must take possession of the car by December 31, 2025, or they will lose the tax credit. The U.S. government will be closing the tax credit portal, which allows people to claim the credit at the Point of Sale.

We confirmed with a Tesla Sales Advisor that any current orders that have the $7,500 tax credit applied to them must be completed by December 31, meaning delivery must take place by that date.

However, it is unclear at this point whether someone could still claim the credit when filing their tax returns for 2025 as long as the order reflects an order date before September 30.

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If not, the order can still go through, but the buyer will not be able to claim the tax credit, meaning they will pay full price for the vehicle.

This puts some buyers in a strange limbo, especially if they placed an order for the Model Y Performance. Some deliveries have already taken place, and some are scheduled before the end of the month, but many others are not expecting deliveries until January.

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Elon Musk takes latest barb at Bill Gates over Tesla short position

Bill Gates placed a massive short bet against Tesla of ~1% of our total shares, which might have cost him over $10B by now

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Elon Musk took his latest barb at former Microsoft CEO Bill Gates over his short position against the company, which the two have had some tensions over for a number of years.

Gates admitted to Musk several years ago through a text message that he still held a short position against his sustainable car and energy company. Ironically, Gates had contacted Musk to explore philanthropic opportunities.

Elon Musk explains Bill Gates beef: He ‘placed a massive bet on Tesla dying’

Musk said he could not take the request seriously, especially as Gates was hoping to make money on the downfall of the one company taking EVs seriously.

The Tesla frontman has continued to take shots at Gates over the years from time to time, but the latest comment came as Musk’s net worth swelled to over $600 billion. He became the first person ever to reach that threshold earlier this week, when Tesla shares increased due to Robotaxi testing without any occupants.

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Musk refreshed everyone’s memory with the recent post, stating that if Gates still has his short position against Tesla, he would have lost over $10 billion by now:

Just a month ago, in mid-November, Musk issued his final warning to Gates over the short position, speculating whether the former Microsoft frontman had still held the bet against Tesla.

“If Gates hasn’t fully closed out the crazy short position he has held against Tesla for ~8 years, he had better do so soon,” Musk said. This came in response to The Gates Foundation dumping 65 percent of its Microsoft position.

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Tesla CEO Elon Musk sends final warning to Bill Gates over short position

Musk’s involvement in the U.S. government also drew criticism from Gates, as he said that the reductions proposed by DOGE against U.S.A.I.D. were “stunning” and could cause “millions of additional deaths of kids.”

“Gates is a huge liar,” Musk responded.

It is not known whether Gates still holds his Tesla short position.

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