As you know, I enjoy telling trademark stories about soaps encountered on my various trips:
Lather® (brand) soap recently caught my eye — and the lens of my iPhone — while in Palo Alto.
Interestingly, the USPTO has treated the word as inherently distinctive, in Lather’s registrations.
In other words, not merely descriptive, even though using the product surely produces some.
So, some imagination, thought, or perception is needed to understand the connection with soap?
If so, I’m thinking Lather® soap is certainly close to the line between descriptive and suggestive:
- Lathereen® for hand soap (no disclaimer);
- LATHER UP® for soap (disclaiming “lather”);
- In a Lather® for soap (no disclaimer);
- Lather Me Up® for soap (no disclaimer);
- Lather Nice® for soap (no disclaimer);
- Lard Lather® for soap (disclaiming “lard”).
Brand managers, would you be in a lather if faced with these other “lather”-styled soap marks?
Trademark types, what gets you all lathered up when it comes to trademark enforcement?