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Protecting your trademark on social media

Posted by ipelton on: June 30th, 2015

A few basic tips for protecting trademarks on social media platforms:

  • Register your trademark(s) with the USPTO.
  • Sign up for usernames on all the major social media platforms that correspond with your main trademarks, even if you have no intention of using them. If you control those usernames, no one else can.
  • Take action when appropriate – if a username or posting is misrepresenting your trademark and misleading customers in a commercial manner, file a complaint with the social media network (they all have their own process/forms), and if needed contact an attorney.
  • Use the proper trademark symbols, including the ®, where appropriate to indicate your trademark is registered.

In essence, protecting trademarks on social media isn’t really any different from protecting them anywhere else: encourage proper use by others that points back to your business, and take steps to protect improper use that could harm your  brand.

Travelers insurance features a red umbrella logo. The logo is nice – simple and unique. And suggestive of providing protection and cover. Travelers has used it for over 50 years.

I flipped past the Travelers Championship golf tournament on the television this weekend.  I immediately saw several creative uses of the logo on the course and telecast to enhance the branding.

  • the red umbrella is mowed (and painted) in to the grass next to the 18th hole where the final shots and award ceremony take place
  • the red umbrella is on an island in the water on a hole where the golfers must shoot the ball across the water (the umbrella island is also used for a charity challenge before the tournament)
  • the markers at the tee for the start of each hole are little three-dimensional red umbrellas on the ground

These are just a few examples of the repetitive and creative uses of the red umbrella. See photos below:

photo from https://www.facebook.com/travelerschampionship

photo from https://www.facebook.com/travelerschampionship

photo from https://www.facebook.com/travelerschampionship

 

As a whole, this is creative and outstanding marketing from the people at Travelers.

 

  • Mark ImageUSPTO Registration No. 1161313 covers “Underwriting Casualty, Fire, Marine and Inland Marine Insurance Services; Fidelity, Surety and Guaranty Bonding Services; Agency and Brokerage Services in Connection with the Preceding Named Services, and Counseling in Regard to Accident Prevention

As noted here frequently, pop culture can often drive trademark filings. Caitlyn Jenner, formerly Bruce Jenner, has certainly been in the news a lot recently, including a much-discussed Vanity Fair cover. And in recent weeks, multiple “Caitlyn” trademark application filings have been made at the USPTO. It is unclear which, if any, of these applicants have written agreements with Caitlyn Jenner.

Click marks below for USPTO records:

  • I AM CAITLYN filed by E! Entertainment Television, LLC for “Entertainment services in the nature of television and multimedia program series featuring subjects of general human interest distributed via various platforms across multiple forms of transmission media; providing entertainment information to others via a global computer network”
  • CAITLYN JENNER filed by Leon Youngblood for Entertainment in the nature of an ongoing special variety, news, music or comedy show featuring * broadcast over television, satellite, audio, and video media; Entertainment services, namely, providing ongoing television programs in the field of * via a global computer network; Tops for PANT, SUITS, DRESSES, BATHING SUITS, HATS
  • CALLL ME CAITLYN filed by A.R. IMPORTS, LLC for “fragrances and cosmetics”
  • HER BY CAITLYN filed by A.R. IMPORTS, LLC for “fragrances and cosmetics”
  • CAITLYN filed by A.R. IMPORTS, LLC for “fragrances and cosmetics”
  • FREE BY CAITLYN filed by A.R. IMPORTS, LLC for “fragrances and cosmetics”
  • CAITLYN filed by Home Essentials & Beyond, Inc. for “Serve-ware, drink-ware, and beverage dispensers, made of ceramic and/or glass”
  • CAITLYN filed by Lifeguard Licensing Corp. for “Cosmetics, toilet preparations and perfumery products, namely, lipsticks, lip gloss, lip liners, lip balms, lip palettes; eye shadows, eye lining pencils, liquid eye liners, eye makeup, mascara, eyebrow pencils, artificial eyelashes, eye palettes; blushers, multi-use cosmetic sticks, foundation makeup, pressed powder, loose powder, makeup remover, concealers, multi-use colored creams, powders and gels for use on face, cleansers, namely, facial cleansers and skin cleansers; exfoliators, namely, skin and facial exfoliators; moisturizers for the face and body, masks for the face and body, toners, eye creams, skin cleansing wipes; non-medicated skin care creams, lotions, oils, sprays, and gels for the face and body; anti-cellulite and body firming creams, lotions, serums and sprays for the face and body; nail polish, nail enamel, nail polish remover; fragrances for personal use; suncare lotions, bronzers, tanning lotions, sunscreens, self tanners, after sun soothers and rehydrators, namely, sun creams, lotions and gels”
  • CAITLYN filed by Lifeguard Licensing Corp. for “Clothing, namely, shirts, t-shirts, long-sleeved shirts, under shirts, polo shirts, night shirts, rugby shirts, jerseys, scrubs not for medical purposes, smocks, dress shirts, culottes, stretch pants, overalls, coveralls, denim jeans, jumpers, jump suits, stretch tops, tube tops, crop tops, tankinis, halter tops, hooded sweat shirts, wraps, warm-up suits, jogging suits, track suits, snow suits, parkas, capes, ponchos, cardigans, pants, jean jackets, cargo pants, shorts, boxer shorts, tops, tank tops, sweat shirts, sweat jackets, sweat shorts, sweat pants, blouses, dresses, sweaters, vests, fleece vests, pullovers, jackets, coats, blazers, suits, turtlenecks, reversible jackets, wind-resistant jackets, shell jackets, sports jackets, golf and ski jackets, heavy coats, over coats, top coats, cloth ski bibs, swimwear, beachwear, tennis wear, surf wear, ski wear, infantwear, swim caps, visors, headbands, ear muffs, neckerchiefs, thermal underwear, long underwear, briefs, bras, panties, thongs, G-strings, singlets, underclothes, night gowns, nighties, lingerie, slips, sarongs, leg warmers, leggings, tights, leotards, caps, hats, headwear, scarves, bandanas, belts, neckwear, ties, underwear, socks, loungewear, robes, pajamas, sleepwear, hosiery, gloves, rain slickers, boots, galoshes, rainwear, footwear, shoes and sneakers, sandals, flip-flops, and slippers”

I imagine the USPTO will deny these applications as identifying a living individual, unless consent in writing is obtained from Caitlyn Jenner. But if any of the applicants have Caitlyn’s written permission, they may be able to register the mark provided that all the other requirements for registration are met.

Recent Client Trademark Registrations LXXIX

Posted by ipelton on: June 17th, 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]

  • TOROFLUX – Kinetic spring toys; Equipment for dance and movement-based activities in the form of kinetic spring toys
  • TABEZA HOLDINGS, LLC – Consulting in the field of procuring government contracts for the purchase of goods and labor contracting services; Management of federal contract projects; Logistics management in the field of commodities
  • TEA WITH MRS. B – Entertainment services in the nature of hosting social entertainment events, namely, hosting tea parties; education services, namely, classes, mentoring, seminars and workshops for individuals in the field of etiquette and manners
  • MERLOT –  Jewelry
  • MJP – Financial services, namely wealth management services \
  • Trademark image – Nutritional, dietary, and botanical supplements
  • GENERATE LEADERSHIP – Leadership training services; seminars and workshops in the field of leadership and leadership training; Leadership development training in the field of business; business education and training services, namely, providing business education programs to employees and executives; Consulting services in the fields of fitness and exercise; Personal fitness training services and consultancy; Physical fitness instruction
  • ECLIPSE SURFBOARDS – shirts, hats, sweatshirts, bathing suits, rash guards, sun protection shirts, sandals, surf trunks
  • MYACTIVECHILD – Promoting the goods and services of others by providing a website featuring coupons, rebates, price-comparison information, product reviews, links to the retail websites of others, and discount information; providing an on-line directory information service featuring commercial information regarding a wide variety of businesses that provide activities for children
  • Trademark image– providing a website featuring information relating to educational and entertainment activities and events for children and their families; blog in the field of activities for children and families
  • EBALLOT – Providing non-downloadable computer software for use in the field of elections, balloting, campaigns, and voting, namely, software that creates, manages and conducts elections, votes and surveys
  • BABY CAKE – Hookah tobacco
  • TURBO SEARCH – Providing a website featuring a search engine for transportation industry and motor carrier data
  • WORKPASS – Database management services; business records management relating to employee records; personnel recruitment and selection services for others; psychometric testing for the selection of personnel; business information services; compilation of business information; business information research services, namely, checking of official financial records; information and data compiling and analyzing of financial data relating to business management; business management; business administration; providing office functions; management and compilation of computerised databases; computer database management; data processing services; registration, management, transcription, systemisation, maintenance and/or compilation of data and database information, namely, employment, education, membership, license and financial records; provision of business data information for commercial, business or trade purposes; compilation and transcription of data; providing online business directories, namely, addresses, telephone numbers or postcodes of corporate or commercial businesses; database management services, namely, employment, education, membership, license and financial records; provision of statistical information; business data analysis services; employment agency services; personnel recruitment consultancy; provision of business information; employee exit interview services for others; preparing mailing lists of customers; professional credentialing verification services of an employee’s educational instruction, educational degrees and school enrollment, namely, verifying the skills and knowledge of licensed professionals on behalf of others
  • BOWL’D – Restaurant services
  • TOPO’S – Mobile restaurant services featuring vegetables and potatoes

 

I have written previously about the plethora of ways to use your trademarks to promote your brands. See my post,  50 ways to use your trademarks. But now there is a new way – on a Super Bowl® ring. Of course, very few will ever have this opportunity.

Last weekend, New England Patriots owner Robert Kraft presented players with their Super Bowl rings. The rings feature two registered trademark slogans, one on the side and one on the back: Do Your Job and  We are all Patriots.

For a 360 degree view, see here.

It is unlikely than anyone reading this will ever get a Super Bowl ring – but the Patriots have shown that there are always new and creative ways to use your trademarks and build your brand.