The Trademark Battle: Microsoft Defender vs. BitDefender – Who Really Owns ‘Defender’?

Goliath stands before David. His shield and sword alone, the bodyweight of David. He has walked onto David’s turf, and the David army sounded alarms - intruder alert! The point of contention between these two titans? You’ll see. They jump onto each other’s necks, and David goes for his sling, only that it is not a sling; and Goliath reaches for his sword, only that it is not an actual sword.  Their weapons? Legal trademark filings.

We're tossed in the world of cybersecurity. A good brand name is just as important as the software itself. Recently, Microsoft and BitDefender were contending over one word: Defender. Who wins, who loses? Let’s find out.

The trademark filing and opposition

Microsoft applied to trademark "Microsoft Defender" on October 6, 2022, under file number 97622266. This name is used for their security software, which helps protect computers from malware attacks.

But another security business would not have it. The name? The big BitDefender. It opposed Microsoft's trademark on May 20, 2024, claiming that the name was too close to their own, "BitDefender," and could confuse customers.

The Trademark Trial and Appeal Board (TTAB) reviewed the case under Proceeding No. 91291587. But it didn't go BitDefender's way on December 31, 2024. The board dismissed BitDefender’s objection.

Even though Microsoft won this round, they haven’t actually gained the trademark yet. The trademark’s status is still open, and the final approval process is still ongoing.

The legal question: Could customers be confused?

BitDefender’s case was based on a common trademark law argument: would customers mix up the two brands? The U.S. Patent and Trademark Office (USPTO) looks at a few key points when making a decision on such matters:

• Do the names sound or look alike?
• Are the two companies in the same industry?
• Would the average buyer mistakenly perceive that the two products are related?

Even though "Defender" is in both names, "Microsoft Defender" and "BitDefender" are still different enough. The termination of BitDefender’s objection shows they didn’t have strong enough legal footing to prove misunderstanding. But that doesn't mean that Microsoft is in the clear. The final decision on the trademark is still pending.

What happens next?

BitDefender’s objection was rejected. Microsoft is one step closer to getting the coveted 'Defender' trademark. If they manage to get "Microsoft Defender," they will be at a better place in branding terms. This would help them to better brand their suite of security services under a cohesive title.

For BitDefender, this case shows how hard it is to fight for a brand name against a giant like Microsoft. In the tech world, having a name helps build trust and stops other companies from using something too close.

The bigger picture

This opposition was more than just a formal contention. It’s a lesson in how companies protect their brands. In cybersecurity, where trust is key, a name brings power - it is about market dominance. Microsoft knows this, and while they’ve cleared one roadblock, their trademark is still waiting for final approval.