Tesla Files New Trademarks for ‘CyberCar’ and ‘CyberVehicle’
Tesla rushed to file two new U.S. trademark applications shortly after Elon Musk’s Q4 earnings call on Wednesday.
During the call, around 6 pm ET, Musk mentioned that certain states will not allow Tesla to use the ‘Cybercab’ name and that Tesla might need to call the product ‘Cybercar’ or ‘Cybervehicle.’
Tesla’s lawyers, understanding that those trademarks had not yet been filed, immediately filed applications for ‘Cybercar’ (at 7:32 pm ET) and ‘Cybervehicle’ (at 7:33 pm ET).
Why the rush?
Tesla would have been concerned that someone else might have heard the call and filed trademark applications around the names first. This would have resulted in an embarrassing situation and potentially a long and expensive legal fight to challenge the filings.
Ultimately, this was quick thinking by Tesla’s attorneys and a great example of why filing trademark applications as early as possible matters.
In this case, both filings were made on an “intent-to-use” basis, signaling that Tesla plans to use the marks in commerce but has not yet launched products under the names.
The filings follow the recent debut of the Cybertruck and continue Tesla’s expanding “Cyber” naming convention. In recent years, the company has filed trademark applications for names such as ‘Cybercab’ and ‘Cyberbus.‘
From a legal perspective, these filings follow a common trademark strategy.
Trademark applications are often filed well before a product is publicly announced. By filing now, Tesla effectively stakes a nationwide claim to the ‘Cybercar’ and ‘Cybervehicle’ names, preventing competitors from using (or registering) similar names while the company determines how it will use them.
Once the USPTO reviews and approves these applications, Tesla would typically have up to three years to prove it has begun using the trademarks in the marketplace. With extensions, the process can keep an application alive for roughly four years from the filing date.
Therefore, in practical terms, these filings buy Tesla time.
Tesla can lock down the ‘Cybercar’ and ‘Cybervehicle’ names nationally, while the company figures out whether (and how) these products ultimately come to life.
For now, Elon’s comments and the trademark filings serve as a clear signal: the “Cyber” branding era at Tesla isn’t slowing down anytime soon.
Josh Gerben, Esq.
Josh Gerben, Esq. is a nationally recognized trademark attorney and the founder of Gerben IP. Since launching the firm in 2008, he has overseen the registration of over 10,000 trademarks and handled over 1,500 trademark disputes. Josh's practice focuses on building and defending global trademark portfolios for clients. These clients include entrepreneurs, private equity-backed businesses, athletes, celebrities, and public companies. Frequently quoted by major media outlets like CNBC, CNN, The New York Times, and The Wall Street Journal, Josh is widely regarded as a leading authority in trademark law.
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