We’ve written quite a bit over the years about the Spectrum of Distinctiveness for trademarks, and the all-important difference between suggestive marks and merely descriptive ones, with only the former being allowed immediate rights based on first use.
Creativity is what separates the power of suggestion from the weakness and limbo of descriptiveness. Remember the floating feather example and all the silly guesses as to what it might suggest? And, those who persist in smashing an otherwise suggestive brand?
One of my favorite local examples of a great suggestive mark is Murray’s famous Silver Butter Knife trademark for steak. With all the long lines for salad places in the skyway system here in Minneapolis, Murray’s appears to have stepped up its advertising campaign.
But, I’m left wondering, is Silver Butter Knife only a trademark? Or, does it not also function as a service mark too? After all, the steak is prepared in the kitchen and then carved at table-side, Murray’s certainly touts the “experience,” which seems to point to the service.
What’s more, in terms of scope of rights, if Silver Butter Knife had also been registered for restaurant services, do you suppose the USPTO might have done some heavy lifting for Murray’s and refused registration of BUTTERKNIFE WINES for wine?
By the way, would anyone like a serrated knife to cut through all this trademark clutter?