Apple and the U.S. Patent and Trademark Office (USPTO) have informed a Virginia federal court that they have reached a settlement over Apple’s lawsuit contesting the Office’s refusal to trademark the phrase “Smart Keyboard.” Apple and USPTO filed a joint motion on Thursday informing the Eastern District Court of Virginia of the settlement (via Reuters).

In a joint filing, both Apple and the USPTO claim to have reached a preliminary settlement regarding the case which has been dragging on since 2018, when Apple made its first attempt to register a “Smart Keyboard” federal trademark with the USPTO. The Office rejected Apple’s attempt on the grounds that the phrase was too generic of a term to grant a trademark. Apple attempted to appeal the PTO’s decision in 2021 where it was struck down by the Office’s Trademark Trial and Appeal Board, upholding the USPTO’s original no-trademark decision.

Consequently, Apple sued the USPTO in October last year asserting that “Smart Keyboard” constituted a unique trademark for its accessory. It further contended in its suit that the PTO had already approved numerous other “Smart” trademarks for Apple including “Smart Cover,” “Smart Case,” and “Smart Connector” for other iPad accessories “without a disclaimer of rights in the word SMART”. Moreover, Apple made the argument that “Smart Keyboard is not generic,” adding that it already owns “dozens of registrations for Smart Keyboard in foreign countries and jurisdictions” including “technologically sophisticated” ones such as Japan, UAE, Mexico, Malaysia, the Philippines, and others.

Thursday’s filing does not reveal the specifics of the settlement, and it remains uncertain whether Apple has ultimately gained the ability to trademark the term. The filing does however mention that lawyers of both parties “request a short extension of the current summary judgment briefing deadlines to allow them time to finalize their agreement and file a stipulation with the Court.”

Apple first introduced the Smart Keyboard in 2015 alongside the 12.9-inch iPad Pro. Doubling as a front cover when not in use, it connects via the iPad Pro’s Smart Connector for instant power delivery and eliminating the need for prior Bluetooth pairing.