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Archive for May, 2011

NBA and Stanley Cup Finals: which logo is best?

Posted by admin on: May 31st, 2011

This week the finals of the NBA and the NHL Stanley Cup playoffs commence. In the NBA, the Dallas Mavericks square off against the Miami Heat. In the NHL, the Boston Bruins take on the Vancouver Canucks. Which logos and trademarks are the best of the best?

Boston Bruins

  • The Bruins name is not unique (UCLA), but the bear meaning and motif fits the hockey sport even though it doesn’t quite fit Boston.  The spoked-B logo is apparently a nod to the “hub” nickname for Boston.  I prefer the older bear version of the logo better.  The “hub” is probably lost on a lot of people, and it looks rather simple with no connection to hockey and reminds me of a ship captain’s wheel.

Vancouver Canucks

  • Great name. Horrible logo. The Canucks’ logo is hideous and childish, and an attempt to be trendy. Other than the “C,” the whale jumping out of ice has little direct connection to Vancouver or Canada.  However, the team name is cool and unique; ‘Canuck’ is slang for Canadian.

Miami Heat

  • The “Heat” is an odd team name – but that is good. It is unique. It is not a physical thing such as an animal or person. But that makes it unique and different and creative. And it fits Florida well. And the logo featuring a halo/basketball rim and a flaming ball is simple and good. The font in the logo is odd. But overall I like the brand package.

Dallas Mavericks

  • The Mavericks have a cool name. It comes from the TV show Maverick – James Garner was one of the original owners – and it represents Texas style and attitude well and is relatively unique. But the logo is hideous. An odd shape (shield?) and modern slick design. A horse head meshed with a basketball. It is not very good in my opinion.
  • I really like the simplicity and character and colors of the old Mavericks Logo:

 

Of the four teams remaining in the NBA and NHL, which brand is best? The mavericks logo and the Canucks logo are unimpressive. The Bruins logo is fair. But the HEAT name is unique and the logo is simple yet creative. I like the Heat brand best among those teams left.

 

 

 

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United and Continental Airlines merged recently. The new brand recently announced a “new” logo, although the “new” is just pieces of the old ones.

The “new” logo looks old and tired. In my opinion, United’s old logo was better than Continental’s. The Continental logo – and the new merged United logo – looks plan and conservative. It is one color. Simple shapes and design. Airlines are about speed and movement and wonder. [For a related analysis, see my post about Acela train logo here.] The “new” United logo says nothing new. Now that may indeed be part of the plan – to show consumers thatit is business as usual and the merger results in no big changes to flyers. But if I were presented with the opportunity to refresh or update such a boring plain old logo, as United did here, I would go for something more colorful, more fresh, and more youthful.

The new breed of airline competitors is younger and fresher. And their logos are much more interesting. See Virgin America, JetBlue, and other logos below. United, intentionally or not, looks like their grandfather.

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New trademark trend: QR CODES as trademarks?

Posted by admin on: May 27th, 2011

Advertisements (billboards, magazine ads, business cards) are more and more frequently featuring QR codes on them. A QR code directs users with a camera equipped mobile device (and a free code reader application) to a website or other targeted online information.

I have noticed a recent trend of trademarks and logos incorporating QR codes.  For  example, the following are pending applications or registrations at the U.S. Patent and Trademark Office:

  •  – pending application for footwear
  • - pending application for crossword puzzles accessible by QR code scan
  • - pending application for restoration services, and historic preservation services; Engineering and design services, namely project engineering and design for new and existing buildings and structures, lightweight structures, non-destructive building and structure disassembly; diagnostic engineering services for new and existing buildings and structures; new and existing building envelope diagnostic services, envelope repair and restoration design services; historic preservation engineering services, and facility assessment and capital planning services
  • - pending application for shoes [Description of Mark: The mark consists of a QR code on the tongue of a shoe. The color gray is not claimed as a color or feature of the mark.]
  • - pending application for Rubber or Silicone Jewelry as a fashion accessory that contains a QR Code or 2-dimensional bar code printed on it that when scanned will redirect to a user defined function on the internet
  •  – pending application for Computer hardware and software for processing data; computer hardware; computer software, namely, computer software for use in relation to on-line banking services; computer programs for managing an on-line payment system; Design and development of computer hardware and software; design and development of computer programs for managing an on-line payment system; design and development of electronic, on-line banking services; design and development of multi-channel banking applications; technical support services, namely, troubleshooting in the nature of diagnosing computer hardware and software problems
  • - pending application for T-shirts; Pajamas; Sleep shirts; Tank tops; Tank-tops
  • QR CODE – pending application for wine
  • - pending application for Social networking services in the field of pets and pet owners provided via a website
  • - pending application for Computer application software for mobile devices, namely, software for use in electronic data transfer and storage
  • QR Code – registered on Supplemental register for ” TWO DIMENSIONAL DATA CODE READERS; BAR CODE READERS; TWO DIMENSIONAL DATACODE SCANNERS; BAR CODE SCANNERS; ELECTRONIC DATABASE FEATURING TWO DIMENSIONAL CODES RECORDED ON COMPUTER MEDIA AND CAPABLE OF BEING READ BY TWO DIMENSIONAL CODE READERS AND SCANNERS; COMPUTER PROGRAMS FOR TWO DIMENSIONAL CODE DRAWING, COMPUTER PROGRAMS FOR BAR CODE DRAWING, COMPUTER PROGRAM RECORDED ON COMPACT DISKS FOR TWO DIMENSIONAL CODE DRAWING; AND COMPUTER PROGRAM RECORDED ON MEMORY CARDS FOR TWO DIMENSIONAL CODE DRAWING”

Do the code images function as indicating the source of the goods or services at issue? Should they be disclaimed from the trademark application? Arguably, they are the modern equivalent of providing an address and phone number.

Will QR codes be here to stay as a part of advertising and branding? Or are they merely a passing fad?

Recent trademark registrations XXIV

Posted by admin on: May 25th, 2011

Here is another sampling of recent registrations our clients have received from the USPTO, so readers can see real examples of brands and marks which are being protected [click trademark or logo to open USPTO records]:

  • ROAD TRIP SAVINGS – Promoting the goods and services of others by providing a website featuring coupons and discount information; administration of a discount program for enabling participants to obtain discounts on goods and services through use of a discount membership card and coupons; promoting the goods and services of others by providing a web site featuring information regarding discounts, coupons, rebates, vouchers and special offers for the goods of others; promoting the goods and services of others through the distribution of discount cards in the form of key tags for use with discounts and coupons
  •  – Animation production services; Audio recording and production; Entertainment services, namely, multimedia production services; Entertainment services, namely, production of computer-generated imagery for use in motion pictures; Entertainment services, namely, production of special effects including model-making services and related physical production elements for use in motion pictures; Entertainment services, namely, production of special effects including model-making services, computer-generated imagery and computer-generated graphics for the production of motion pictures, videos, and movie trailers; Film and video film production; Film and video production; Film and video production consulting services; Film and video tape film production; Film production; Media production services, namely, video and film production; Motion picture film production; Motion picture song production; Music production services; Music video production; Post-production editing services in the field of music, videos and films; Production and distribution of independent motion pictures; Production and distribution of monoscopic and stereoscopic, electronic, digital video and film; Production and distribution of motion pictures; Production of cable television programs; Production of films; Production of monoscopic and/or stereoscopic, electronic, digital video and/or film; Production of sound and music video recordings; Production of video and computer game software; Production of video and creation of visual effects for others for use in DVDs, television programs and on web sites; Providing facilities for producing video, cinema and photography productions
  • EYE CHART – Business consulting services relating to leadership development; business information in the field of business management and leadership development
  • EASYDRIFT – Tires; vehicle tire rings for increasing skid and drift
  • DESIGN GENIE – Arranging of contests; Entertainment services, namely, conducting contests; Providing recognition and incentives by the way of awards and contests to demonstrate excellence in the field of graphic design
  • CERTIFIED VIRTUAL ASSISTANT – online assistant services
  • SOS – candles
  • - providing on-line real estate information via a global computer network, namely, local multiple listings, alerts as to new listings, comparable sales data, disclosure documents and reports, and listing activity
  • THE INSIDE SOURCE IN LOCAL REAL ESTATE – Providing on-line real estate information via a global computer network, namely, local multiple listings, alerts as to new listings, comparable sales data, disclosure documents and reports, and listing activity
  • - Manufacturing services for others in the field of pharmaceuticals
  • PROLONG PHARMACEUTICALS – manufacturing services for others in the field of pharmaceuticals
  • MR. SECURITY – franchising, namely, offering business management assistance in the establishment and/or operation of security product stores; retail store and online retail store services in the field of security products
  • GUNSHOT SAUCE – Barbecue sauce, sauces, marinades
  • BENEFITS EXCHANGE – Providing online non-downloadable software for managing employee benefit plans through an online website
  • BALI – bottled water
  • LEDucation – Arranging and conducting trade shows in the field of lighting, light bulbs, and light fixtures
  • THRIVE IN 30 – Education services, namely, providing a training program in the field of fitness, health, diet, and nutrition; providing information in the fields of fitness; website providing information in the fields of fitness; Providing information in the fields of health, diet and nutrition; website providing information in the fields of health, diet, and nutrition
  • - Mineral powder for use in cosmetic body wrap applications
  • CLZ - Computer application software for mobile devices, namely, software for cataloging media databases
  • OXYGENIUS – ozone sterilizer; ozone sanitizer and electric deodorizing units
  • DR CLARK ZENTRUM – Holistic health products, namely, nutritional supplements; Electronic frequency generator used for frequency therapy purposes in the field of alternative medicine; Online retail store and mail order services featuring nutritional supplements, holistic health products, water and air filters, frequency generators
  • DR CLARK RESEARCH ASSOCIATION – Holistic health products, namely, nutritional supplements; Electronic frequency generator used for frequency therapy purposes in the field of alternative medicine; Online retail store and mail order services featuring nutritional supplements, holistic health products, water and air filters, frequency generators
  • 1-800-GOT-BAIL – Advertising agencies, namely, promoting the goods and services of others; Advertising and advertisement services; Advertising and business services, namely, securing airtime on all forms of media communications stations, systems, networks, and services for the purpose of promoting the goods and services of others; Advertising and commercial information services, via the internet; Advertising and directory services, namely, promoting the services of others by providing a web page featuring links to the websites of others; Advertising and publicity services, namely, promoting the goods, services, brand identity and commercial information and news of third parties through print, audio, video, digital and on-line medium; Advertising business especially in the field of telematic and telephone networks; Advertising by transmission of on-line publicity for third parties through electronic communications networks; Advertising on the Internet for others; Advertising services, namely, cost-per-action on-line advertising; Advertising services, namely, promoting and marketing the goods and services of others through all public communication means; Advertising via electronic media and specifically the internet; Advertising, including on-line advertising on a computer network; all of the forgoing in the field of providing access and referral to bail bond services through a network of bail bond service provides
  • VOLUMZE – herbal supplements for sexual enhancement
  • THE PASSION TRAVEL COMPANY – Travel booking agencies; providing travel tours; tour guide services; reservation and booking of seats for travel; providing a website featuring information on travel
  • ONESOURCE VHR – Administration of payroll and employee benefits; Human Resources management related to administration of payroll and employee benefits
  • - Skin care preparations, namely, clarifying cleanser, clarifying toner, blemish remover, clarifying mask, daily cleanser, daily scrub, daily moisturizer, eye cream, men’s shaving cream, men’s moisturizer, men’s anti-aging cream, men’s eye serum, men’s cleanser, men’s scrub, men’s post shave balm, anti-aging cream, anti-aging eye serum, age-less serum, baby moisturizer, and baby body wash
  • OLIVER PLUFF – tea
  • - Hair care products, namely, hair care preparations, hair cleaning preparations, hair styling preparations, hair dressings, shampoo, conditioners, hair spray, hair gel, mousse, dyes, rinses, bleach, relaxers, lighteners, and straighteners; wholesale and online retail store services featuring natural and organic hair care products
  • VARIZAPPER - Electronic frequency generator used for frequency therapy purposes in the field of alternative medicine
  • VARIGAMMA - electronic frequency generator used for frequency therapy purposes in the field of alternative medicine
  • CHOICELUNCH - Providing catering for school cafeterias and other facilities; catering
  • - Real estate advertising services, namely, advertising properties for rental; real estate advertising services, namely, providing a website featuring property rental advertisements

So far in 2011, our firm’s clients have  received more than 85 trademark registrations and have filed more than 70 new applications.

The last week has featured a lot of celebrity (OK, every week probably contains a lot of such news but I noticed it more last week). Lady Gaga released a new album and topped the Forbes list of the world’s most powerful celebrities. Oprah filmed her final Oprah Show episodes. Arnold Schwartzenegger in the news. Oscar de la Hoya (the Golden Boy) headed to rehab. Even the head of the International Monetary Fund made front page news in an alleged sex crime scandal.

There is a common thread connecting all of these stories in the news last week – trademarks! Most big celebrities are big business and most recognize the value of protecting their brand.

In fact, nearly all of the top 10 in the FORBES® CELEBRITY 100 LIST (WORLD’S MOST POWERFUL CELEBRITIES) own registered trademarks [click links or imagees for USPTO trademark records]:

1. LADY GAGA tops the list this year as the most powerful celebrity. She is an astute performer and marketer. And her company owns 3 registrations and 29 applications, including

  • LADY GAGA – registered for entertainment services, namely, performances and public appearances by a live musical artist and providing non-downloadable prerecorded music online and information regarding a musical artist online via a global computer network
  • LADY GAGA – Clothing for women, men and children, namely, shirts, t-shirts, sweatshirts, blouses, pullovers, tank tops, jackets, coats, sweaters, vests, pants, sweatpants, shorts, bottoms, skirts, and dresses; fashion accessories, namely, hats, caps, visors, headbands, wristbands, hoods, scarves, bandanas, neckties, mufflers, gloves, mittens and belts; underwear, namely, boxer shorts, undershorts, underpants, bras, socks, and hosiery; footwear, namely, shoes, sneakers and boots; swim wear, beachwear, and loungewear, namely, pajamas and robes
  • In addition, the company owns several pending applications for related brands, including:
    • MONSTER – 2 applications
    • JO CALDERONE (alter ego) – 7 applications
    • HAUS OF GAGA – multiple applications
    • LADY GAGA FAME – application

2. OPRAH WINFREY and her companies own many trademarks:

  • OPRAH BOUTIQUE – Online retail store services featuring apparel, household items and gifts
  • OPRAH & FRIENDS – Entertainment services, namely, providing audio and radio programming featuring topics in the field of current events, self improvement, health, nutrition, fitness, home and a wide range of related areas, via satellite and via the Internet; providing an Internet website featuring information in the field of current events, self improvement, health, nutrition, fitness, home and a wide range of related areas
  • CHRISTMASKINDNESS - Charitable fundraising and philanthropic services concerning monetary donations; providing a web site featuring information about charitable and philanthropic programs that provide charitable fundraising for children in need; Providing a web site featuring information about charitable and philanthropic programs that provide school supplies and toys to needy children throughout the world
  • OPRAH’S BOOK CLUB – Series of fiction and non-fiction books in the fields of lifestyle, fitness, family, beauty, nutrition, diet, romance, relationships, history and fashion; newsletters featuring information on book clubs; Entertainment services rendered through the medium of television, namely, a series of programs involving book discussion groups, and meetings and discussions with authors, relating to books, authors and reading; computer on-line services, namely, providing an Internet website featuring interactive book discussions and entertainment and educational information relating to books, authors and reading.
  • GAYLE KING – Entertainment services in the nature of radio programs in the fields of current events, politics, self improvement, health, nutrition, food, fitness, relationships, home improvement and home decorating, spirituality, news, finance and entertainment, accessible by satellite radio and the Internet; providing information relating to the foregoing entertainment radio programs via a global computer network
  • THE BIG GIVE – Entertainment services in the nature of an on-going reality-based television series
  • THE OPRAH WINFREY SHOW – entertainment services rendered through the medium of television in the nature of a variety talk show series; and computer services, namely, providing information via an Internet web site featuring information on the subject matter of Applicant’s television programs, films and videos, food, and books; computer services, namely, providing information via an Internet web site featuring health, nutrition, fitness, volunteerism for charities, charitable work and philanthropic lifestyles
  • O THE OPRAH MAGAZINE – Women’s lifestyle magazines and newsletters covering 360 degrees of a women’s life, guided by the values of Oprah Winfrey

3. JUSTIN BIEBER. Though still  a teenager, the superstar owns several registrations and pending applications.

  • BIEBER registered in 4 marks
  • JUSTIN BIEBER –  pending application for variety of goods and services
  • BIEBER FEVER – pending application for variety of goods and services

4. U2. The rock band’s name is a protected trademark.

  • U2 – registered for entertainment services; namely, live performances by a vocal and instrumental group
  • U2 3D – registered for a variety of goods and services including Entertainment services, namely, live performances by a musical artist, musical band or musical group and presentation of musical performances

5. ELTON JOHN. Sir Elton is the only among the top ten without a direct US trademark registration covering his work.

6. TIGER WOODS. Tiger Woods is a major brand and has been an endorser of products for, among others, Nike, Gatorade, Accenture, and Gillette.  The Tiger brand owns multiple registrations, including:

  • - registered for variety of goods and services
  • - registered for Isotonic beverages, bottled waters; flavoured waters; fruit drinks and fruit juices
  • TIGER WOODS – registered for variety of goods and services

7.  TAYLOR SWIFT owns more than a dozen registrations and applications, including:

  • - registered for Audio and video recordings featuring musical entertainment; digital media, namely, downloadable audio files and downloadable audio and video recordings featuring musical entertainment; downloadable musical sound recordings; downloadable video recordings featuring musical entertainment; musical sound recordings; musical video recordings; video recordings featuring musical entertainment
  • TAYLOR SWIFT – registered for Series of musical sound recordings; pre-recorded audio cassettes, compact discs, DVD’s and video tapes featuring performances by an individual; mouse pads

8. BON JOVI. Of all the names of the list, Bon Jovi surprised me the most. But like the others, his brand is also protected with several registrations and pending applications, including:

  • BON JOVI – registered for ENTERTAINMENT SERVICES, NAMELY, LIVE PERFORMANCES BY A MUSICAL GROUP
  • JOVI GIRLS (pending application) – Clothing, namely, men’s, women’s and children’s headwear, footwear, coats, jackets, vests, sweaters, sweatshirts, tops, bottoms, t-shirts, shirts, pants, dresses, underwear, swimwear and sleepwear
  • - registered for entertainment, namely, live performances by a musical band; a continuing variety and musical show broadcast over television, satellite, audio, and video media; entertainment services, namely, providing a web site featuring musical performances, musical videos, related film clips, photographs, and other multimedia materials

9. SIMON COWELL has been a part of multiple successful television shows and also managed several successful musical groups.

10. LEBRON JAMES is also a major athlete endorser. The name LEBRON and several logos are covered by U.S. trademark registrations owned by Nike, Inc., including

  • LEBRON - Registered for Footwear; apparel, namely, shirts, pants, shorts, caps, hats, headbands, tank tops, t-shirts, pullovers, sweatshirts, sweaters, vests, warm-up suits, jackets, socks, wristbands
  • - registered for footwear and other items
  • - several registrations for a variety of goods, including basket balls

Celebrities have become big business in the United States. Endorsements can be worth millions of dollars. It is no mistake that 9 of top 10 most powerful celebrities (according to this Forbes list) are well protected trademarks.

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