Trademark Dispute: Intuit’s Mint vs. Mintable

A recent trademark dispute between Intuit and Mintable provides a good example of one type of dispute that often arises in the trademark space, namely a dispute involving an opposition to another party's attempt to register a trademark.

Parties:

-Mintable provides an online marketplace for digital items on the blockchain (e.g. NFTs). See: https://mintable.app/ .

-Intuit is a financial software company best known for its TurboTax and QuickBooks products. Intuit also offers a product named Mint, which is a personal financial management platform and app. See: https://mint.intuit.com/ .

 

Dispute:

-In May 2019, Mintable filed a US trademark application for the MINTABLE trademark covering the following services:

·       Class 36: Issuance of tokens of value

·       Class 42: File sharing services, namely, providing a website featuring technology enabling users to upload and download electronic files; Providing an interactive website featuring technology that allows users to upload, download, share and sell custom and branded digital publications.

-The Application was approved by the US Trademark Office and published for opposition in November 2019.

-The Application was then opposed by Intuit on the basis that the MINTABLE mark is likely to cause confusion with Intuit’s MINT trademark. Following is an excerpt from the Notice of Opposition:

·       “Intuit brings this Opposition due to the likelihood of confusion between its distinctive and well-known MINT and MINT family of marks and Applicant’s applied-for mark.  Since 2007, Intuit’s MINT branded web-based services and corresponding mobile software applications have allowed users to manage their finances via the Internet, monitor and track their financial accounts, engage in financial planning, and learn about personal finance.  Additionally, over time, Intuit’s MINT branded web-based services and corresponding mobile software applications have expanded to allow users to manage ever more of their financial lives within its MINT offerings.  Since January 2014, the MINT website and applications have allowed users to track and monitor their digital currency assets and accounts, including downloading and viewing specific digital currency transactions, balances, and payments.”

 

Outcome:

-Mintable did not contest the Opposition and Intuit was granted judgement by Default in August 2020. As a result, the MINTABLE trademark application was abandoned.

-However, Mintable is still using the MINTABLE trademark (see: https://mintable.app/). It is unknown whether Intuit also objected to Mintable’s use of the MINTABLE trademark (in addition to its objection to Mintable’s attempt to register the mark). If so, it is possible that the parties reached a settlement that permitted Mintable to continue using the mark under certain conditions.