In the case of very famous marks or logos, there's also the issue of dilution, she says, when someone else uses it in a manner that blurs or tarnishes the trademark.
Dilution is harder to prove with a logo, Goldman says, as it's not usually descriptive of a product. Nevertheless, the U.S. Patent and Trademark Office will consider such arguments.
NYC & Company, the nonprofit responsible for the city's official tourism website, applied for a trademark on the new logo on May 14, 2007. The company and its lawyers have filed a counterclaim asking that Apple's trademark registration for its apple logo be canceled.
Apple did not immediately respond to Wired.com's requests for comment.
The GreeNYC campaign is intended to promote "environmentally friendly policies and practices" and "economically sustainable growth."
The next step in the Apple-New York City trademark scuffle, according to trademark lawyers, will be to commission a series of independent surveys -- what are known as mall-stop surveys -- to gauge people's reaction to the new logo, in order to see whether Apple's opposition holds any merit.
"The ultimate arbiter is the consumer," Goldman says.
Singleton says the dispute will play out over the next six to nine months, before a final decision is made by the Trademark Trial and Appeal Board of the patent office.
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