Blog

Archive for November, 2015

Great branding: OPT OUTSIDE trademark from REI

Posted by ipelton on: November 27th, 2015

Outdoor retailer REI announced a few weeks ago that it would close all of its stores on ‘black Friday,’ one of the busiest shopping days of the year. While some have questioned the lost sales that will result, I believe the move was brilliant for the brand. The announcement and accompanying advertisements (and the #optoutside hashtag) worked well because they bucked the trend of opening earlier and earlier for holiday shopping and demonstrated the company’s values (to the outside and to its employees). The notion also generated tons of media and social media coverage. The closing further differentiates REI from its competitors, and reminds shoppers that retail can be about more than just deals, but also about trust and loyalty and employees and values.

Lesson: Don’t be afraid of going against the grain. REI received huge publicity for its move. And I bet the brand loyalty they are building with it are immense.

In addition, REI used the opportunity to create a new slogan – OPT OUTSIDE – and filed with the USPTO to protect it in October. REI’s campaign demonstrated how being a contrarian can be good for your brand and good for business

An annual tradition at the IPelton® blog, fun thanksgiving trademarks!

  • THANKSGIVING PANTS (pending application) – pajamas
  • THANKSGIVUKKAH – clothing
  • HALLOWTHANKSMAS – Calendars; Greeting cards; Paper party decorations; Postcards
  • TURKEY SLAYER – shotguns and parts thereof
  • PUMPKIN PIE – hair products, namely, shampoos; and bath products, namely, gels, and bubble bath
  • TURKEY TESTICLE FESTIVAL – arranging parties for others having a Thanksgiving theme
  • America’s Turkey Trot – Entertainment services, namely, participation in foot races; and organizing community foot race sporting and cultural events, all performed on or around Thanksgiving Day
  • THANKS-A-LATTE – Issuing gift certificates which may then be redeemed for goods or services
  • SPAMMY – turkey spread
  • TURKERONI – Meat product, namely, turkey and turkey sausage
  • LOOK AT TURKEY NOW – Turkey
  • OUR TURKEYS DON’T DO DRUGS – WHOLE TURKEYS, TURKEY PARTS, GROUND TURKEY, TURKEY SAUSAGES, TURKEY BURGERS, TURKEY FRANKS, TURKEY BREAKFAST STRIPS, TURKEY BOLOGNA, TURKEY JERKY, TURKEY CHILI

Several trademarks feature fun plays on “Thanksgiving.” For example (click for USPTO records):

  • FRIENDSGIVING -Charitable fundraising services
  • TANKSGIVING – Entertainment services in the nature of audio-visual programming and content, namely, on-going non-fiction shows featuring subjects of general human interest distributed through audio and video media, namely, television, satellite, wireless, fiber optics, cable, radio and a global computer network; information regarding on-going non-fiction shows provided via a global computer network
  • BEERSGIVING – beer
  • PRANKSGIVING – Entertainment services in the nature of an annual television programming event in the field of children’s entertainment.
  • SHRIMPSGIVING – fish and seafood
  • BRATSGIVING – meat
  • WAKESGIVING – Providing events featuring waterskiing and wakeboarding for entertainment and educational purposes; entertainment services, namely, providing events featuring waterskiing and wakeboarding

 

 

Tune in tomorrow for more fun Thanksgiving trademarks!

Recent Client Trademark Registrations LXXXIV

Posted by ipelton on: November 24th, 2015

The following is another update of recent Erik M. Pelton & Associates client trademark registrations obtained from the public records of the USPTO so readers can see real  examples of brands and marks which are being protected – and the wide range of variety in brand names, logos, products and services. [Click trademark or logo to open USPTO records in a new window]

  • Trademark image– Business consulting; marketing consulting
  • RAISING THE BARR – Providing on-line newsletters, videos podcasts, and podcasts in the fields of technology, software, marketing, websites, and business
  • CREATING GLOBAL DIGITAL EMPIRES – Business consulting; marketing consulting
  • THE AGILITY ADVANTAGE – Business consulting services in the field of leadership development, business management, business strategy, business adaptability, and business innovation; providing business conferences, namely, arranging and conducting business conferences
  • EXECUTIVE COMMAND CENTER – business consulting services, namely, consulting with companies and businesses to improve performance, productivity, gross profit margins, inventory turns, and customer service
  • Trademark image –  Consulting services for others in the field of design, planning, and implementation project management of scientific research, and clinical trials; research and development of technology in the fields of medicine, medical innovation, medical devices, pharmaceuticals and biotechnology; product development in the fields of medicine, medical innovation, medical devices, pharmaceuticals and biotechnology
  • IP LAW BUGLE – non-downloadable electronic newsletters in the field of intellectual property law
  • BRANDS OF EXCELLENCE – Education services, namely, providing seminars and conferences in the field of intellectual property law; Education services, namely, providing non-downloadable webinars in the field of intellectual property law
  • CARIENT HEART AND VASCULAR – Education in the field of cardiology
  • MEAT HERE – Restaurant and bar services
  • HOCKEY NINJA – Online retail store services featuring hockey equipment, visors, and accessories
  • X-WING – BINOCULARS, MONOCULARS, SPOTTING SCOPES, TELESCOPES; CAMERA LENSES
  • PRAGMATIC TECHNOLOGIES FOR LIFE AND BUSINESS SUCCESS –  On-line journals, namely, blogs in the fields of technology, software, marketing, websites, and business
  • WIRELESS LIVING – Retail and online retail store services featuring products for home audio, video, networking, automation, surveillance, security, HVAC, and lighting
  • SOLTERRA – website hosting; software development; providing software as a service services featuring software for business and data management; providing online non-downloadable software for website content management; cloud hosting provider services
  • SWINE, WINE AND A GOOD TIME! – Restaurant and bar services
  • LEFTY’S –  Energy drinks

Craft beer is a growing industry. It is also an industry with many creative brand names – and many trademark disputes (Monster Beer, Old Ox logo, Solar Abyss, Shorebilly, etc.)

The trademark application filing statistics reflect the recent trends. See numbers below

Why is this important? As noted in a recent article from the Washington City PaperComing Up With a Beer Name is Harder Than Ever in An Industry Flooded With Trademarks.

I disagree strongly with one item in the otherwise excellent article:

Most smaller breweries can’t afford to trademark all their beers, just the flagship brands. “The only guys that really do a lot of trademarking are the big guys,” [3 Stars Brewing Company co-found Dave] Coleman says. “And that’s why you rarely see a little mom-and-pop brewery issuing a cease-and-desist to another little mom-and-pop brewery. It’s huge companies that have teams of lawyers in-house.

In fact, most small businesses – and breweries – cannot afford to skip trademark protection. As demonstrated by the headaches, bad media, costs, stress, and legal fees created by the many beer trademark disputes, spending a bit of money up front to help make sure a beer name is unique and protectable and filed with the USPTO is an incredible investment. The potential costs resulting from unprotected brands are tremendous. See my post The one trademark question that every small business owner should be asking.

 

Beer trademark filing statistics

 

USPTO Trademark Applications filed so far in 2015 for “beer or beers” and Class 32: 4800+

USPTO Trademark Applications filed in 2014 for “beer or beers” and Class 32: 4612

USPTO Trademark Applications filed in 2013 for “beer or beers” and Class 32: 3987

USPTO Trademark Applications filed in 2003 for “beer or beers” and Class 32: 854

USPTO Trademark Applications filed so far in 2015 for “stout or ale” and Class 32: 1276

USPTO Trademark Applications filed in 2014 for “stout or ale” and Class 32: 1112

USPTO Trademark Applications filed in 2013 for “stout or ale” and Class 32: 1107

USPTO Trademark Applications filed in 2003 for “stout or ale” and Class 32: 179

USPTO Trademark Applications filed so far in 2015 for “brewery” services: 114

USPTO Trademark Applications filed in 2014 for “brewery” services: 85

USPTO Trademark Applications filed in 2013 for “brewery” services: 105

USPTO Trademark Applications filed in 2003 for “brewery” services: 39

Mark Image