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Posts Tagged ‘non-traditional trademarks’

I have noticed more retail stores lately with customized unique door handles.

For example, REI has a climibing axe handle. Dunkin Donuts had handles made of the letter “D.” See photos below.

REI HANDLE photo

Dunkin Door Handle photo

I predict that this is a new wave of non-traditional trademarks. Look for more stores to use such custom handles to mark and accessorize their brand. And look for more trademark applications featuring such handles. In the USPTO records, I could find just one, from The Gelateria Ice Cream. Dessert. Lounge, Inc.:

Trademark image

Registration No. 3066979

 

Related post: A new slogan: THE NONTRADITIONAL TRADEMARK LAWYERS

Virgin America’s non-traditional trademark: lighting

Posted by ipelton on: July 23rd, 2014

Virgin America is a great and fun airline (check out the safety video below). One thing that differentiates them from competitors is lighting. Yes, lighting.  Check out these photos I took:

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VIRGIN AIR photo 1

VIRGINA AIR photo 2

It seems clear to me that Virgin America has a non-traditional trademark featuring the purple lighting. I’m not aware of any other airlines using interesting lighting of any color, are you? When customers see these purple lights, do they associate it with the services of Virginia America? I sure do.

While a trademark application for the lighting has not been filed with the USPTO, Virgin America could potentially assert common law rights to the lighting. Of course, a trademark registration would be extremely beneficial in protecting the mark and if needed to enforce it against any potential infringers.

Related post: Trademark protection for lighting, sounds, texture, scents, motion and other non-traditional trademarks.

As long time readers know, I love non-traditional trademarks.  Goats on a roof, ducks marching, lighting, facial make-up configurations, sounds, shapes, and more. Add to the list of my favorite non-traditional trademarks:

a crowd cheering the following words “Woooooooo. Pig. Sooie! Woooooooo. Pig. Sooie! Woooooooo. Pig. Sooie! Razorbacks!”

The marks has been registered by the University of Arkansas. To my knowledge, it is the first “crowd cheer” registered. It does beg the question of how does the university assert ownership of the trademark? Does the University control use of the trademark? Do they enforce unauthorized users? And did the University originate the cheer, or did some fan?

USPTO record for Registration No. 4558864

The original evidence of use submitted by the university is a video of fans performing the cheer

Will other schools jump on the cheer trademark bandwagon?

Related post:Interesting college football trademarks: mascots, uniforms, end zones, turf color, and a cheer

Brilliant packaging for mini Nutella

Posted by ipelton on: June 9th, 2014

My kids love Nutella®, so I have become quite familiar with it!

I recently saw this brilliant packaging for a mini-Nutella pack.  The packs are each shaped like a half of a Nutella jar — and folded together two of them make up a jar.

Sure seems like it would make a great non-traditional trademark. And it demonstrates how successful brands are reaching out further and further with innovative ideas to create impressions and relationships with customers.

nutella1

nutella2

nutella3

 

KISS: Best band trademark portfolio of all time

Posted by ipelton on: April 9th, 2014

The band KISS will be inducted into the Rock and Roll Hall of Fame this week. Is there any band with a more creative and more complete portfolio of trademarks? I don’t think so.

In my opinion, the Rolling Stones logo is the best rock band logo of all time. But as you will see below, KISS has much more than a great logo. It is great slogans. And makeup which is creatively registered (possibly they were the first makeup configuration registrations in the US) and protect not just live music but a variety of other goods and services that the band profits from. They even sponsor an Arena Football team, the LA KISS!

Here are some of the many KISS trademarks:

  • Trademark image
  • YOU WANTED THE BEST, YOU GOT THE BEST - Entertainment services, namely, live musical performances by a group
  •  Mark Image
  • KISSOLOGY
  • KISS ARMY
  •  - clothing namely, shirts, T-shirts, jackets and caps
  • - clothing namely, shirts, T-shirts, jackets and caps
  •  – clothing namely, shirts, T-shirts, jackets, and caps
  •  – toys, namely action figures, and dolls
  • - Toys, namely action figures, and dolls
  •  - sound recordings featuring music; sound and video recordings featuring music and musical performances

 

NOTE: Another interesting trademark is the unique shape of the building for the Rock and Roll Hall of Fame + Museum.

Mark Image