More On The Fordless Blue Oval

Posted on December 5, 2009 by Steve Baird

What do you think, is Overstock.com selling bling with the Fordless blue oval logo?

Enamel Turquoise with Blue Ovals Bangle Bracelet

As you may recall from my post back in September, Ford Motor Company is attempting to register the below shown non-verbal logo as a trademark for a variety of goods in Int'l Class 12:

Mark Image

And, as you may recall from Dan's I See Blue Ovals post back in August, there are far more than a handful of blue oval logos out there besides this one:

 

The pending Fordless blue oval intent-to-use trademark application recently was examined by the U.S. Patent and Trademark Office (PTO), and on October 23, 2009, the PTO found no substantive bases for refusal, but instead it issued an initial refusal noting only a couple of purely procedural or technical deficiencies, concerning the wording in the lengthy description of goods and the need for Ford to submit a claim of ownership to some related registrations (here, here, and here).

So, once these minor details are satisfied the above non-verbal Fordless logo will be published for opposition, and assuming no Amendment to Allege Use is filed prior to the approval for publication and assuming no third party files a Notice of Opposition, then a Notice of Allowance will issue, which will start the clock for Ford to put in evidence of use through a Statement of Use.

What remains to be seen (until Ford submits a specimen of use) is whether Ford really will use the above blue oval design without the Ford name brand superimposed, as shown in the drawing submitted to the PTO. If Ford ends up submitting evidence of use with the Ford brand name superimposed on the blue oval logo, then it appears unavoidable that Ford will have additional refusals issued, for the reasons previously articulated.

But, if Ford actually puts in use of the Fordless blue oval logo -- as shown in the drawing without the Ford brand name superimposed -- does the PTO's recent failure to challenge inherent distinctiveness mean that no evidence of acquired distinctiveness or secondary meaning will be required for registration?

If so, given the prevalence and popularity of blue oval logos, how can the Fordless blue oval be considered unique enough to be inherently distinctive?

Stay tuned for more on this as we learn more.
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You See Blue Ovals, I See 3D Spheres

Posted on November 10, 2009 by Guest Blogger

I must admit, I was quite intrigued by Dan Kelly’s Duets blog entry “I See Blue Ovals” (August 28, 2009). It got me thinking about some of the trends occurring in logo design today. My 20+ years in the world of branding has witnessed a few notable changes. Perhaps the most significant is the application of 3D effects to identity design. Many logos which were originally two-dimensional (circles), have recently morphed into spheres.

Take AT&T’s 3D sphere which replaced a 2D circle logo.

Minolta’s 3D design form also replaced its old 2D form.

XBOX has adopted a 3D design. 

Similarly, Xerox now uses a 3D sphere—a dramatic departure from their old logo (some would say that their new design borrowed heavily from XBOX).

This proliferation of 3D spheres also includes Firefox, BT, Sony Ericsson, and Wikipedia, to cite a few.

Part of the explanation for this transformation is pure evolution and advance in the field of design itself. CAD programs are now common in the design community, enabling and encouraging the application of three-dimensional drawing for corporate identities.

3D logo design isn’t limited to the development of spheres. GM, ABC, Apple, Ford (yes, the blue oval), Dell, VW, and Chevron (as well as countless others), have all been redesigned to bring dimensionality as well as a more modern, contemporary look and feel to their visual identities. As this trend continues, look for more logos of all shapes and sizes to take on 3D effects.

--Alan Bergstrom, Brand Insights

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Blue Oval, But Look Mom, No Words!

Posted on September 22, 2009 by Steve Baird

What does this image signify to you?

Mark Image

For full credit, please answer the question before peeking back at Dan's popular post called "I See Blue Ovals."

I suspect that Ford Motor Company would be happy if your response is: Mark Image

On July 29, 2009, Ford filed a federal intent-to-use trademark application for the blue oval background design without the word Ford, describing the wordless claimed design mark as "concentric ovals, the outermost oval being a thin blue oval followed by a slightly thicker white oval inside the first blue oval, inside the aforementioned white oval is a completely filled in blue oval" for various motor vehicles and various automotive parts and components.

Curious that Ford didn't file the wordless blue oval design as a trademark already in use, given how long it has been in use with Ford superimposed on the design, and given Section 1202.11 of the Patent and Trademark Office's "Trademark Manual of Examining Procedure" (TMEP), which sets forth the applicable test for registration under these circumstances:

“A background design which is always used in connection with word marks must create a commercial impression on buyers separate and apart from the word marks for the design to be protectible as a separate mark. In deciding whether the design background of a word mark may be separately registered, the essential question is whether or not the background material is or is not inherently distinctive.... If the background portion is inherently distinctive, no proof of secondary meaning need be introduced; if not, such proof is essential.”

"Common geometric shapes, when used as vehicles for the display of word marks, are not regarded as indicators of origin absent evidence of distinctiveness of the design alone."

"Additionally, . . .  color can never be inherently distinctive."

Will Ford be able to prove the wordless blue oval background design is inherently distinctive under this standard? If not, proof of acquired distinctiveness or secondary meaning will be essential for success. Will Ford be able to establish secondary meaning in the blue oval design as a stand alone mark even though it apparently hasn't been used alone yet?

We'll keep a close eye on this one and let you know how the Ford application progresses. 

While we're on the subject of whether a background design creates a commercial impression on buyers separate and apart from the matter omitted for registration purposes, can you name the source of this background design?

Mark ImageFYI, this claimed mark appears poised to be approved by the Trademark Office and published for opposition as a stand-alone mark, even though it doesn't appear to be literally, physically, or actually standing alone, i.e., without the prancing horse design or brand name. 
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I See Blue Ovals

Posted on August 28, 2009 by Dan Kelly

I think Steve once remarked something to the effect that the Internet is employment security for trademark attorneys.  Road tripping is too.  On one such recent occasion, my wife remarked on the similarity of Culver's blue oval signage to Ford's famous blue oval. 

 

Obviously, there is no issue here from a trademark infringement standpoint.  Culver's is clearly in the fast food business, and Ford is an automotive company.  No, the intrigue for me was how I started seeing blue ovals everywhere!  First was Carrier:

Then I noticed the Nasonex logo on a note on my desk from a promotional notepad:

Then the one that put me over the edge, the one that has now made me believe that there is a proverbial vast right-wing marketing conspiracy to toy subliminally with my latent positive associations with blue ovals:  Malt-o-Meal.

As if this were not enough, Brad, reading over my shoulder, suggested I take a look at American Idol:

Yikes!  What's more, Brad pointed out that Ford is a major sponsor of American Idol!

Joking aside, isn't it kind of interesting that of these examples, several use a light line to help outline the oval?  From a design standpoint, it seems to enhance the overall shape and clarity of the designs that use it.  I have a secret hope that there is some James Burke-esque "Connections" link in the depths of humanity's art history that might explain the blue oval phenomenon.  I wonder how many marketing surveys exist that show positive associations with blue ovals?  Is this just a case of sensitivity on my part to the phenomenon, or could I find similar phenomena with, say, green triangles?

While you lose sleep (or not) over these questions, feel free to pass the time running Internet searches for the words "blue oval" to see which of these blue ovals might claim to be the blue oval.  (Hints here here here here here and here.)

UPDATE:  The hits keep coming:

 

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