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Posts Tagged ‘anatomy’

19
Apr

Anatomy of a great trademark portfolio: BUILD-A-BEAR

Posted by ipelton on: April 19th, 2013

Kids teddy bears may seem cute and cuddly (and of course, they are) but they are also big business. For example, the BUILD-A-BEAR® empire is a major presence in malls and at birthday parties. And their trademark portfolio is extensive!

The Build-A-Bear company owns more than 200 U.S. trademark registrations. They have protected all elements of their brand including product names, service names, slogan, logos, storefront trade dress designs, packaging, and other non-traditional trademarks (see below for interesting details). They have creative names for everything, and they have protected them. That makes their brand more valuable and more unique. Someone else could sell teddy bears that kids help make in the store, but kids are very familiar with brands, and no one else can easily copy the names or replicate the trade dress used by Build-A-Bear since they are so well protected.

BUILD-A-BEAR is a great example of a rich trademark portfolio for these reasons, namely that it has many coined names and phrases, a plethora of registrations covering all types of marks in a variety of classes of goods and services, as well as creative  non-traditional trademarks and trade tress. And the BUILD-A-BEAR name itself is suggestive of the services, which is my preferred type of name.

Here are some of the elements of that rich and extensive portfolio (click mark or image for USPTO records):

  • BEAR BOOTIQUE - Accessories for stuffed and plush toy animals and dolls, namely footwear and hosiery; storage case and carrying case for accessories for stuffed and plush toy animals and dolls
  • Trademark image- Retail store services featuring electronic musical devices, CD roms, stickers, publications, stuffed and plush toys and accessories therefor, backpacks, and carrying cases
  • Trademark image- [Description of mark: The mark consists of a three dimensional heart shaped object. The outline of a teddy bear is used to signify the placement of a hear shaped object inside a stuffed or plush toy animal; the teddy bear design itself is not claimed as part of the mark, as the heart shaped object may be placed in any stuffed or plush toy animal] plush animals and stuffed toy animals; retail store services featuring plush toy animals, stuffed toy animals, and accessories
  • SAY IT WITH SOUND - Retail store services featuring both prerecorded sound discs and sound discs in which messages can be recorded and placed in stuffed and plush toy animals and accessories
  • BEAR BUCK$ - Prepaid gift cards with magnetic coding
  • HAPPY BEARTHDAY - Stuffed and plush toy animals
  • Trademark image- Toy accessories, namely toy clothing
  • Trademark image- [Description of mark: The mark comprises a three-dimensional fanciful representation of an old-fashioned footed bathtub, with depiction of bath water, bubbles faucets with knobs, and a grated surface area] retail store services featuring stuffed and plush toy animals, and accessories and other goods relating to stuffed and plush toy animals, namely, section of the store which provide assistance to customers in grooming and finishing of stuffed and plush toy animals
  • STITCHED WITH LOVE - toy clothing for plush toy animals and stuffed toy animals
  • BEHIND THE SEAMS - On-line journals, namely, blogs featuring product reviews, historical data, community involvement, entertainment, family activities, instructional guides, children’s education, and topics of discussion of general interest to children and families
  • Trademark image- [Mark description: The mark consists of a three dimensional handled box shaped like a building] toy playhouses and carrying cases for stuffed toy animals and plush toy animals and accessories therefor
3
Apr

Anatomy of a “Petition for Make Special” requesting expedited handling of USPTO trademark application

Posted by ipelton on: April 3rd, 2013

Trademark applicants in the US can file a petition to expedite their application under certain special circumstances. The petition filing costs $100.

As for the requirements for such a petition, TMEP Section 1710.01 provides the details:

Invoking supervisory authority under 37 C.F.R. §2.146 to make an application “special” is an extraordinary remedy that is granted only when very special circumstances exist, such as a demonstrable possibility of the loss of substantial rights.  A petition to make “special” is denied when the circumstances would apply equally to a large number of other applicants.

The fact that the applicant is about to embark on an advertising campaign is not considered a circumstance that justifies advancement of an application out of the normal order of examination, because this situation applies to a substantial number of applicants.

The most common reasons for granting petitions to make “special” are the existence of actual or threatened infringement, pending litigation, or the need for a registration as a basis for securing a foreign registration.

Here are two recent examples, from the public records of the USPTO, of filings of petitions to make special:

Serial No. 85870582 – Petition to Make Special

The filing here includes a declaration from the general counsel for the applicant and attaches screenshots featuring the allegedly infringing product. [Interesting note: this matter concerns the configuration of hot air popcorn popper]

 Serial No. 85862083 – Petition to Make Special

8
Feb

Anatomy of a new logo roll-out: VH1

Posted by ipelton on: February 8th, 2013

Several recent logo changes have undergone a quick and public death: The Gap and University of California are two prime examples. Replacing a logo is tricky – consumers may not like the new logo, they may be attached to the old logo, or they may just be confused as to why there is a new logo and what it represents. Is the brand changing?

Trademark image

VH1′s new logo includes a “plus” sign

In a world of instant feedback, social media, and the ability to amass a large online group in hours, launching a new logo is particularly touchy. So kudos to those who handle it well. As VH1′s recent new logo roll-out demonstrates, a good roll-out should include:

  • an explanation from the brand
  • a video
  • social media
  • USPTO trademark application(s)

Recent videos from Microsoft and VH1 demonstrate how they can be a part of telling the story:

These uses of video are key because they allows the brand owner to control the message before social media can do it, and they allow the brand to explain the meaning and purpose of the new logo which can alleviate some of the fears and concerns of those who were fans of the old logo.

VH1 also used a blog post to explain. Bonus: See one of VH1′s USPTO trademark applications for the new logo here.

Microsoft also has a blog post on its recent logo change.

18
Jan

Anatomy of great branding: LEVI’S

Posted by ipelton on: January 18th, 2013

Levi’s does a phenomenal job with their branding a trademarks. Any brand – big or small – can learn from the creativity, reinforcement, protection, and other elements of the LEVI’S brand.

Here are some of the reasons:

  • The name is virtually unique. There is no confusion about which “Levi’s” a consumer could be referring to. It is not descriptive or generic.
  • Creative “non-traditional” trademarks, including
    • the pocket stitching design
    • the red tag
  • Reinforcement of the brand themes:
    • the pocket shape, over time, has become the Levi’s logo
    • the red tag shape appears on the building signs of Levi’s stores and elsewhere
  • The brand is well protected with many USPTO trademark registrations.

Here are some photos that demonstrate what I am speaking of: