Blog

Posts Tagged ‘trademark registration’

Slogans make powerful trademarks

Posted by ipelton on: April 17th, 2012

Great slogans can make an enormous impact. In some cases they are inexorably tied to a brand.

Slogans are powerful because they often convey more meaning and more of a message than a brand name. “Breakfast of champions” conveys a strong, athletic, winning message. “Pardon me, have you any….” tells us that the product is distinguished, for those with fine taste. “Double your pleasure, double your fun” is fun to say and conveys a playful message.

Slogans are protected and may be registered just like any other trademark.

Consider these fantastic slogans:

  • Breakfast of champions (Wheaties)
  • For the if in life (Metlife)
  • Pardon me, have you any Grey Poupon (Grey Poupon)
  • A diamond is forever (DeBeers)
  • You give us 22 minutes, we’ll give you the world (WCBS News)
  • Keeps going and going and going… (Energizer)
  • It takes a licking and keeps on ticking (Timex)
  • There are some things money can’t buy. For everything else, there’s MasterCard (MasterCard)
  • Be all that you can be (U.S. Army)
  • Ace is the place with the helpful hardware man. (Ace hardware)
  • Double your pleasure, double your fun. (Doublemint Gum)
  • The ultimate driving machine (BMW)
  • When it absolutely, positively has to be there overnight (FedEx)
  • The quicker picker-upper (Bounty)
  • Where do you want to go today? (Microsoft)
  • When you care enough to send the very best (Hallmark)
  • Nothing runs like a Deere (John Deere)
  • If it isn’t fresh, it isn’t Legal (Legal Seafood)

You don’t have to be a global multi-million dollar brand to have a great slogan. Consider these that I came across recently:

  • a pizza place” “everything in moderation…. except pizza”
  • a handyman: “we make your oy vey go away!”
  • hot sauce: “one drop does it”
  • New Orleans Jazz & Heritage Festival: “come one, come y’all”
  • a restaurant called Mango Mango’s: “so good you have to say it twice!”

What does your slogan communicate about your brand?

PS – our firm’s slogan is Experience is our Trademark. Trademark is our experience.® 

Recent trademark registrations XXXI

Posted by ipelton on: April 13th, 2012

Here is another update of recent client registrations from the public records for readers to see real examples of brands and marks which are being protected [click trademark or logo to open USPTO records in a new window]:

  • - Fast-food restaurants
  • KAMMOK - hammoks
  • WOODYBOATER - On-line journals, namely, an online blog featuring articles about boats and boating for boat enthusiasts
  • DIGITAL MUSIC SERVICES - Music editing and production, consulting in the field of music production and music recording, rental of musical sound system and recording equipment, mobile disc jockey service
  • REAL ESTATE IS ROCK’N & ROLL’N - Real estate brokerage
  • IVAA - Association services, namely, promoting the interests of online assistants; Educational services, namely, organizing meetings and seminars in the field of business for independent entrepreneurs providing administrative, creative and/or technical services; educational services, namely, conducting conferences, meetings and seminars in the field of skills to expand the businesses of independent entrepreneurs who provide administrative, creative and/or technical services
  • SEIBON - carbon fiber auto body components and parts, namely, hoods, doors, trunk lids, rear spoilers, grilles, lip spoilers, fenders, side skirts, roofs, hard tops, and seats
  • CHEFMAN - Electric deep fryers; electric toasters, electric toaster ovens; electric sandwich makers; electric grills; electric waffle makers; electric skillets
  • MAKE LIFE WORTH FRAMING! - Framing of works of art, photographs, and other like decorative items; framing works of art services
  • - Framing of works of art, photographs, and other like decorative items; framing works of art services
  • RIPPED CREAM - Coffee creamer; Creamers for beverages; coffee creamer featuring protein
  • STRATEGIC AGILITY - business consulting services; providing business conferences

Shoe soles and other shoe designs and patterns can be non-traditional trademarks. The Louboutin red soled women’s designer shoesare well known, expensive, and the subject of trademark litigation (for an excellent discussion, see: Duets Blog Louboutin Red-Sole & Surrounding Contrast: An Implied Trademark Limitation).

Here are some other interesting and/or well known shoe patterns, soles, and designs that are registered with the USPTO. Some of them, as you can see, are quite well known [all are registered for footwear products; click images for USPTO records]:

  • Owner: Adidas [Description of Mark: The mark consists of three parallel stripes applied to footwear, the stripes are positioned on the footwear upper in the area between the laces and the sole. The dotted outline of the footwear is not claimed as part of the mark and is intended only to show the position of the mark.]
  • Owner: Prada [Description of Mark: The mark consists of a red stripe placed longitudinally along the middle of the heel of an item of footwear, partly covering the rear of the sole and partly the rear of the item of footwear. Any molding seen on the sole or on the rear part of the item of footwear and/or production characteristic are not part of the mark.]
  • [Description of Mark: The mark consists of a blue rectangular design which is attached to the heel or sole of footwear.]
  • Owner: Vans
  •  Owner: Converse [Description of Mark: The mark consists of Repeating Star Design.]
  • Owner: Converse [Description of Mark: The mark consists of the three dimensional trade dress design of the iconic and classic Chuck Taylor All Star basketball shoe for which the following primary features are claimed: (a) Multi-Patterned Rubber Toe Strip. The rubber toe strip has four layers of bands featuring intricate and distinct patterns of three-dimensional diamonds and lines. (b) Ankle Patch on the Inside Ankle. The round patch design with double dashed line just inside the boundary of the circular patch, with a star in the center. (c) Double Rand Stripes. Two parallel horizontal lines run along the rubber outsole of the shoe. The uppermost contrasting stripe runs along the edge of the rubber outsole around the entire circumference of the shoe, including on the toe cap. The second contrasting stripe appears midway along the rubber outsole and runs from the front edge of the license plate heel tab to the back edge of the rubber toe bumper. (d) Brushed Metal Grommets in Medial Side Arch. Two round brushed steel grommets are placed in a horizontal line above the inside medial arch of the shoe. (e) Brushed Metal Eyestay Grommets. A series of equally-spaced wide, round brushed metal eyestay grommets are part of the lacing system instead of hooks, loops, D-rings, or other holding and lacing mechanisms. (f) Convex Rubber Toe Cap. A raised, protruding rubber toe cap. (g) Double Stitching and Box-Like Stitch Along the Upper. (h) Top Line Collar Throat Shape. The matter shown in broken lines, namely, the license plate heel tab as well as the outline of the shoe along the upper, the tongue, the back edge, the rear panel, and the sole are not part of the mark. The broken lines serve only to show the position or placement of the primary features of the trade dress. The dashed lines indicating the Double Stitching and Box-Like Stitch Along the Upper are part of the mark.]
  • [Description of Mark: The mark consists of the placement of a stripe of light emitting diodes going down the center of the bottom of the sole of women's heeled shoes. The matter shown by broken lines is not part of the mark and only serves to show the position of the mark.]
  •  Owner: Vans [Description of Mark: The mark consists of The mark consists of a stylized checkerboard design positioned around the sidewall on the sole of a shoe. The design of a shoe represented by dotted lines is not part of the mark and only serves to show placement of the mark on the goods.]
  • Owner: Vans [Description of Mark: The mark consists of a three-dimensional configuration of a checkerboard pattern on the entire upper portion of a shoe. The broken lines depicting the outline of the shoe indicates placement of the mark on the goods and are not part of the mark.]
  • Owner: DC Shoes [Description of Mark: The mark is a repetitive design representing the letters "C" and "D" covering some or all of the shoe soles. It may also be described as a pill pattern, as the "C" and "D" are stylized to resemble two opposing semi-capsule forms. The pattern is not limited to a particular portion of the shoe sole and the dotted outline of a shoe is not a part of the mark.]
  • Owner: Nike [Description of Mark: The mark consists of the design of the tread on the sole a shoe. The broken lines show the position of the mark on the goods and are not claimed as a part of the mark. Color is not claimed as a feature of the mark.]

 

Also, here are two interesting pending USPTO trademark applications. Does either one create an issue for Louboutin?

  • Owner: ECOclean Corporation [Description of Mark: The mark consists of lacquered green sole on footwear.]
  • Owner: Bella Belle, LLC [Description of Mark: The mark consists of a stylized red heart design comprised of multiple circles on the sole of footwear for women. The matter shown by broken lines is not part of the mark and only serves to show the position of the mark.]

 

Ten Reasons to Register a Trademark

Posted by ipelton on: April 5th, 2012

I am traveling this week, so it is a good opportunity to re-post a popular and, I think, important post (originally posted October 5, 2011):

There are many reasons to register a trademark with the U.S. Patent and Trademark Office (www.USPTO.gov). Here are 10 of the best reasons, in no particular order.

  • Registered trademarks show up in the USPTO’s online database, the first place most companies and lawyers look to when clearing potential new names. Just being in the database might prevent someone from adopting a similar name.
  • Add value to your brand. The registration is a tangible asset. It can be assigned, licensed, or even used as collateral. In the sale of a business, it can be given a dollar value.
  • File for international protection. Trademark owners can sometimes use a US application or registration as the basis for rights in another country.
  • The registration symbol. It looks nice when you use the ®.  It looks official (because it is). It helps ward off potential infringers.
  • Register with Customers and Border Patrol. Owners of registered trademarks can file them with Customs, who will then be on the lookout at our ports and borders for counterfeit and infringing uses.
  • Sue in Federal court. Owners of registered trademarks can sue in U.S. District Court which generally provides more opportunities for enjoining an infringer’s use and for potentially obtaining damages and attorney’s fees.
  • Quicker resolution of disputes. If someone infringes the trademark, a “cease and desist” letter featuring a registered trademark is much stronger and much more likely to lead to a quick (and cheaper) resolution of the situation with positive results.
  • Reduce the probability of being accused of infringement. Having a registration means you have taken steps to protect your trademark, and means the USPTO did not find any confusingly similar trademarks. This reduces the probably that another company claims trademark infringement against you.
  • Add value and strength to your brand. Showing others that you have a registered trademark (by using the ® symbol) shows them that your brand is legitimate, is important and worthy of protection.
  • After five years of registration, a registration may become incontestable, which means that it becomes even stronger and is almost impervious to attack.
  • BONUS REASON: The registration certificate is official. And cool. And it looks great framed on your office wall.

 

the USPTO seal

 

National Cherry Blossom Festival® Trademarks

Posted by ipelton on: April 3rd, 2012

Here in the Washington, DC, area we are in the midst of the 2012 National Cherry  Blossom Festival which this year celebrates the centennial anniversary of the gift from the Japanese planted in the tidal basin of Washington, DC.  The festival in DC means the start of spring, mobs of tourists, and beautiful flowers.

The festival producers (a non-profit) own several registered trademarks [click for USPTO records]:

  • The Official NCBF- Entertainment and educational services, namely, organizing and presenting an annual ecological and cultural celebration that features arboreal events and exhibits, live music and dance entertainment, food tastings, sporting events, a parade and the like
  • - Entertainment and educational services, namely, organizing and presenting an annual ecological and cultural celebration that features arboreal events and exhibits, live music and dance entertainment, food tastings, sporting events, a parade and the like
  • NATIONAL CHERRY BLOSSOM FESTIVAL –  Entertainment and educational services, namely, organizing and presenting an annual ecological and cultural celebration that features arboreal events and exhibits, live music and dance entertainment, food tastings, sporting events, a parade and the like
  • NATIONAL CHERRY BLOSSOM FESTIVAL PARADE - organizing and conducting an annual parade

Other cherry blossom themed trademarks:

  • CHERRY BLOSSOM – wine
  • CHERRY BLOSSOM & ALMOND MILK - Body lotions; Body wash; Hair shampoos and conditioners; Hand creams; Hand soaps; Non-medicated skin care preparation, namely, body mist; Perfume; Shower gels
  • ENCHANTED CHERRY BLOSSOM - Deodorants and antiperspirants for personal use
  • CHERRY BLOSSOM - Essential oil blend for personal use, essential oils for use in the manufacture of scented products and cosmetics, non-medicated bath salts, body and skin lotions, bath and body oils, shower gels, shampoos and conditioners, hair oils and hair preparations, namely, creams and ointments, body care butters, lip balm, massage oils, personal body mists, colognes, room fragrances, toilet water
  • - Charitable educational services, namely, classes, community and member educational events in the nature of exhibitions, workshops, seminars, and annual educational conferences in the field of Japanese American culture
  • CHERRY BLOSSOMS - Internet-based personal social networking and dating services
  • - rice