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Did you know that meat slaughtering services and products have brands too? And trademark protection for those brands?

Trademarks can protect any legal service or product.  For example, see my blog post, Even manure brands have trademarks.

A search of the USPTO TESS system for: (slaughtering )[GS]  and  (live)[LD] indicates that there are 134 applications and registrations for trademarks related to slaughtering, including Paradise Locker MeatsFRENCH TIMES IN PARIS, and the nice Rinse & Chill logo below.

Mark Image

Brands are indeed everywhere!

I was fortunate to sit down with Rolf Claessen of Freischem & Partner in Germany to chat about the differing trademark use requirements on the two sides of the Atlantic Ocean. We met at INTA several years ago and it is always fun and informative to speak with Rolf, as you will see in the video below, which we shot in Orlando just after the INTA conference this spring.

Rolf is one of the creators and hosts of IP Fridays, a great podcast that you can find here: http://www.ipfridays.com/

Use Requirements for Trademarks in the US and Europe – Interview With Erik Pelton

The rise of _____ & CHILL trademarks

Posted by ipelton on: August 18th, 2016

I don’t know precisely when “Netflix and chill” became a pop culture phenomenon. But like most – or all – phenomena, trademark applications ensue.

In 2015 and thus far in 2016, a fifteen applications have been filed at the USPTO for trademarks featuring “AND CHILL” or “& CHILL.” In all the years before 2015, 43 such applications were filed.

Here are some from the last year or so – click TSDR link for USPTO records:

Application

Number

Trademark USPTO TSDR Link
87075947 HOT WINGS N’ CHILL TSDR
87063010 NETFLIX AND CHILL TSDR
87026242 SIZZLE-N-CHILL TSDR
86968477 PEW PEW AND CHILL TSDR
86763189 VINYL AND CHILL TSDR
86969304 CHAT AND CHILL TSDR
86943839 JACK & CHILL TSDR
86930691 VAPE AND CHILL TSDR
86769143 MOVIES & CHILL TSDR
86733335 NOM NOMS MEXICAN GRILL & CHILL TSDR
86915355 GRILL OUT & CHILL OUT TSDR
86863174 CUPCAKES AND CHILL TSDR
86776925 BE STILL AND CHILL TSDR
86804524 CHIP AND CHILL TSDR
86718227 WAKE UP AND CHILL OUT TSDR

Note that the application for “Netflix and Chill” is for software for social networking and was not filed by Netflix. It will almost certainly be denied by the USPTO.

What is a “Standard Character” trademark?

Posted by ipelton on: August 17th, 2016

When applying to registered a trademark at the USPTO,  the mark itself can be one of several types. The main types are:

  • Standard Character
  • Design
  • Motion
  • Sound

By far, standard character and design marks are the most common. A design mark is any mark that is a logo or otherwise needs to be drawn and submitted in a two dimensional image. A standard character mark is plain text, usually submitted in all capital lettering.

Registration of a design mark protects just that exact design (or variations in color if the design is submitted in black and white).

Registration of standard character mark protects the wording regardless of the form in appears in. In other words, all fonts, styles, colors, and upper- lower- case variations are covered by a standard character registration.

As a result, a standard character registration is broader and more flexible. Therefore, it is generally more desirable and more important than registering the design of the wording in the mark.

For more on this topic, see:

Trademark Guide to the Rio Olympics

Posted by ipelton on: August 15th, 2016

The Olympics in Rio are just more than 1/2 over. There is still a lot of action over the next few days. Rule 40 has limited the ability of athletes to promote themselves and their sponsors (unless they are official Olympic sponsors). The Olympic Committee is notorious for policing trademark issues vigorously to protect the investments of their sponsors, and the “Olympic” name and trademarks receive special protection from US Congress and from the host country. (See How a federal statute allows the Olympics to be a trademark bully for more.)

Here are some fun trademarks related to the Games:

  • #rioready – pending application by USOC
  • OLYMPIC CHANNEL – registered for IOC
  • RIO TO RIO – register by USOC
  • Mark Image– registered by IOC in 2012
  • TEAM USA – registered by USOC
  • DREAM TEAM – registered by NBA
  • USAIN BOLT – several registrations
  • Mark Image (Usain Bolt logo) – several registrations
  • MICHAEL PHELPS – registered for “Advertising, promotion 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”
  • Mark Image(Phelps logo, displayed on the front of his swim cap) – pending application for swim caps and other items. Interesting article: Bizarre rule allows Michael Phelps to market his brand while other Olympians can’t (Yahoo! Finance)
  • COACH K – registered by USA Basketball coach Mike Krzyzewski