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Tag Archives: Federal Trademark Registration

Tilt-a-Whirl Trademark, Not a Service Mark?

Posted in Articles, Branding, Contracts, Trademarks, USPTO

It is State Fair time again in Minnesota, so let’s examine the Tilt-a-Whirl brand. The brand originated in Minnesota almost 90 years ago, after the amusement park ride was invented by Herbert Sellner of Faribault, Minnesota. Since 2011 the Tilt-a-Whirl brand and trademark has been owned by J&S Rides, d/b/a Larson International out of Plainview, Texas. The first… Continue Reading

This Mac Needs a Knife Too

Posted in Advertising, Branding, Food, Marketing, Trademarks, Truncation, USPTO

Louis Armstrong first performed “Mack the Knife” in 1956, a year later McDonald’s introduced the Big Mac, and then, Bobby Darin’s version of ”Mack the Knife” became a chart-topper in 1959. So, these events were all before my time, but I’m left wondering if there was any connection between them, back in the day, or whether they were an unrelated coincidence… Continue Reading

Happiness is a Federally-Registered Mark

Posted in Famous Marks, Food, Mixed Bag of Nuts, Trademarks, USPTO

It should be no surprise that the famous Coca-Cola brand name is federally-registered. One of the many significant benefits of federal registration is the USPTO’s obligation to refuse registration of third party marks that are likely to confuse — most importantly, without the prompting or involvement of the prior trademark registrant. No doubt Coca-Cola will… Continue Reading

Inherently Distinctive Restaurant Interior?

Posted in Branding, Domain Names, Food, Marketing, Non-Traditional Trademarks, Sight, Trademarks

We recently focused our attention on a very unique-looking, dare I say distinctive, retail store exterior design; for a quick reminder, see here. The recent craze for self-serve frozen yogurt shops – where you pay by the ounce (or perhaps, by the pound), has us focused today on a pretty darn unique interior retail environment: This is… Continue Reading

The Fiscal Cliff, Not a Trademark-Worthy Catchphrase?

Posted in Advertising, Branding, Marketing, Mixed Bag of Nuts, Trademarks, USPTO

With the constant stream of news reporting about the impending “fiscal cliff,” how can there be no U.S. federal trademark filings containing those two terms, at the moment anyway? Federal intent-to-use trademark applications typically follow popular catchphrases (as Tiffany Blofield, Brent Lorentz and Jon Applebaum have written about before), even political ones: President Reagan’s “Trust, But… Continue Reading

Laboring Over Concurrent Trademark Registrations & Frozen Trademark Rights

Posted in Food, Goodwill, Infringement, Loss of Rights, Trademarks

Today marks the end of the 2010 Minnesota State Fair. Sad day, but Happy Labor Day! It also marks an opportunity to talk a bit about the frequently encountered question of trademark priority, frozen trademark rights, the creation of common law trademark rights, and the frequently forgotten concurrent registration trademark tool, using my favorite frozen custard stand at the MN State Fair, as… Continue Reading

When Bucking A Trend Makes Sense

Posted in Advertising, Almost Advice, Branding, Marketing, Product Packaging, Trademarks

Under Consideration’s Brand New Blog has on two recent occasions commented about the trend in using white as the color for product packaging of consumable goods. Wal-Mart was the first to use this color packaging for its private label brand and the European community appears to be following suit. Using a white background has its marketing… Continue Reading

Kimberly-Clark and The Color Purple: Keeping Trademark Scope Current and Consistent with Business Scope

Posted in Branding, Non-Traditional Trademarks, Product Packaging, Sight, Touch, Trademarks

Kimberly-Clark® is no stranger to securing federal registrations for its various non-traditional trademarks. No doubt, these unconventional trademark assets are of great commercial value and an important part of K-C’s evolving business strategy and intellectual property portfolio. My previous post about the oval-shaped facial tissue container K-C was able to federally register in November 2007 is linked here. That… Continue Reading

The Power of Federal Trademark Registration Remains Strong in Tough Economic Times

Posted in Almost Advice, Branding, Marketing, Trademarks

The question of whether federal trademark registration should be pursued is a frequent question of those in the marketing world, especially during difficult economic times. I wrote a short piece for Create Magazine a couple of years ago, and you can read it, here. As you will see, there are many benefits to registration and some significant risks… Continue Reading