Apple Pencil Trademark Disclaimer

 

Apple Pencil is the brand name for my handmade wood pencils made from Winesap apple tree twigs since January 2015. The domain names applepencil.com and applepencils.com have been owned by h.m. Peavy since June 2015, before Apple Inc. introduced its electronic digital stylus to the U.S. market in September 2015. Apple offered to purchase the domains during their opposition to my unsuccessful 2015 *U.S. federal trademark application for the mark 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 a digital electronic 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 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. 

In addition to the Apple Pencil, I am currently working on construction/assemblages, a series of art prints, and a short story book, all inspired by an apple that fell from a tree.

The apple wood twig pencils and domain names are not owned, affiliated with, endorsed by, or authorized by Apple Inc. Apple Pencil® is a registered trademark of Apple Inc. for its digital electronic stylus. Apple Inc. does not make pencils made from apple wood. I make handcrafted pencils only from apple wood. I do not make or sell digital styluses or other electronic products.