DuetsBlog Collaborations in Creativity & the Law

Tag Archives: Subjectivity

Trademark Specimens of Use: A “Necessarily Subjective” Standard

Posted in Advertising, Branding, Food, Marketing, Product Packaging, Trademarks, TTAB

John Welch, over at the TTABlog, reported on a recent trademark specimen of use case (pdf here); one near and dear to my heart, since I represented the Applicant seeking to register the composite word-only mark DELI EXPRESS SAN LUIS for sweet rolls. At issue in the case was whether the product label specimen (appearing below) shows use of the… Continue Reading

Taking the Cake With Suggestive Trademarks?

Posted in Branding, Food, Marketing, Sight, Trademarks

John 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