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Posts Tagged ‘non-traditional trademarks’

Recent interesting non-traditional trademark filings

Posted by ipelton on: August 15th, 2014

Many very interesting non-traditional trademarks have been filed recently. From Gene Simmon’s “axe” bass guitar to Budweiser beer can designs to motion marks to a restaurant trade dress evoking a Mexican wrestling theme to the steeples of Churchill Downs, the range of non-traditional marks is widening in general, and the number of such filings is surely on the rise.

For example, here are some recent filings [click images for USPTO records]:

  • Trademark imageThe mark consists of the uniquely shaped three dimensional configuration for a bass guitar in the shape of an axe.
  • Trademark image The mark consists of a motion mark. The mark consists of a dog paw pressing an imprint of the paw upon memory foam and lifting and moving the paw away to show the imprint..
  • Trademark imageThe mark consists of a motion mark. Color is not claimed as a feature of this mark. The mark consists of an animation presented in a lenticular label affixed to the goods. The animation consists of a depiction of a heart being squeezed by a clamp. The drawing of the mark includes five freeze frames showing various points in the movement. The stippling is for shading purposes only.
  • Trademark image The mark consists of a three-dimensional, cylindrical can upon which appears a stylized image covering the circumference of the can consisting of silhouettes of a female and three males surfing on surf boards. Silhouettes of palm trees are shown in the background. Waves and clouds are shown via thin lines. The matter shown in dotted lines — namely, the overall shape of the can — is not claimed as part of the mark and serves only to show the position or placement of the mark on the packaging for the goods.
  • Trademark image The mark consists of a three-dimensional, cylindrical can upon which appears a stylized image covering the circumference of the can consisting of silhouettes of two females and two males playing volleyball on the beach. Silhouettes of palm trees are shown in the background. Sand and clouds are shown via thin lines. The matter shown in dotted lines — namely, the overall shape of the can — is not claimed as part of the mark and serves only to show the position or placement of the mark on the packaging for the goods.
  • Trademark imageThe mark consists of the appearance and design of the interior of a restaurant evoking a Mexican wrestling theme. The back and left interior walls are painted hot pink with light blue accented panels and wrestling pictures in gold frames. The back wall contains three clocks and four framed menus hanging from the ceiling. The back left corner contains an entrance to the restroom area with a swinging door that is gold with a design of a wrestling mask. The right wall is painted light blue and contains pictures in black frames. The right wall contains a large design of a masked wrestler wearing a cape with his hands on his hips. The interior walls are adorned with wrestling masks, pictures and memorabilia. The lower portion of the interior dining area walls is covered with black tuck upholstery with gold tufted accents. A gold booth and gold table appear on the back left side of the restaurant’s dining area. A gold chandelier and a disco ball hang from the ceiling of the dining area. The restaurant’s dining chairs are covered in a black and white zebra striped design. The entrance to the dining area contains a brown and gold vintage television with a picture of a man taped to the inside of the screen depicted on a blue background.
  • Trademark imageThe mark consists of a stylized check mark lighting design positioned with the headlights.
  • Trademark imageThe mark consists of a configuration for a top portion of a package for the goods in which a central portion is curved downwardly and bulged outwardly. The matter shown in the drawings in broken lines forms no part of the mark and serves only to show the position or placement of the mark.
  • Trademark imageThe mark consists of the configuration of a hot dog stand in the shape of a hot dog or frankfurter in a hot dog bun with the service window in a front portion of the depicted hot dog configuration.
  • Trademark imageentertainment in the nature of conducting horse races; wagering and gaming services; providing information in the field of entertainment featuring horse races, horse racing and wagering on horse races; organizing exhibitions for pre and post horse race entertainment; providing entertainment and recreational facilities; handicapping for sporting events; live musical performances

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:

Embedded image permalink

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