To assist in curbing the knock-off problem depicted above, Austrian-based Red Bull is on the move with its recent attempt to register — as a non-traditional trademark in the U.S. — the following design in connection with energy drinks, soft drinks, and sports drinks: Here is the description of the mark approved by the USPTO… Continue Reading
Tag Archives: Section 2(f) of the Lanham Act
Grab Some Buds and Pop a Red Top (or Tab)?
Posted in Branding, Marketing, Non-Traditional Trademarks, Product Packaging, TrademarksGiven how much we know you enjoy the subject of non-traditional trademark protection, here is a recent one from Anheuser-Busch: The description of the mark reads: “The mark consists of a design feature of product packaging, namely, a red colored tab on a can, which features a crown design that is transparent. The dotted lines… Continue Reading
Wanted: Experienced Trademark Attorney?
Posted in TrademarksA couple of days ago, I promised to try and make the case for why the State of Minnesota ought to hire an experienced trademark attorney. OK, so I’m a day late, but you can decide if I’m a dollar short too. By the way, it was the federal trademark registration record for the below mark… Continue Reading
Taking the Cake With Suggestive Trademarks?
Posted in Branding, Food, Marketing, Sight, TrademarksJohn Reinan provided yesterday a marketer’s perspective that questioned the value of coined trademarks. In my experience, as a trademark type, one place on the spectrum of distinctiveness where both trademark and marketing types can have their cake and eat it too, is the delicious category of suggestive trademarks. From the legal side of the coin, suggestive… Continue Reading
More On The Fordless Blue Oval
Posted in Branding, Dilution, Famous Marks, Marketing, Non-Traditional Trademarks, Sight, TrademarksWhat do you think, is Overstock.com selling bling with the Fordless blue oval logo? 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: And, as you may recall from Dan’s I See Blue Ovals post… Continue Reading
A Trademark Touch: Owning and Protecting Touchmarks
Posted in Advertising, Branding, Food, Marketing, Non-Traditional Trademarks, Product Packaging, Touch, TrademarksThe October/November issue of Brand Packaging magazine just hit the streets and I’m deeply honored to say that my piece entitled "A Trademark Touch: Strategies for Owning and Protecting Touchmarks" is this issue’s "cover story" (minus the skull and crossbones). The digital version can be read here. I hope you find it eye-opening in a… Continue Reading
Blue Oval, But Look Mom, No Words!
Posted in Branding, Marketing, Non-Traditional Trademarks, TrademarksWhat does this image signify to you? For full credit, please answer the question before peeking back at Dan’s popular post called "I See Blue Ovals."









