2019 is off to a rapid start, not sure where the first half of February went, so I’ll make sure this is a good one, and with a little luck, it might even be a great one:
Did my iPhone capture a production anomaly in the soap on display? Note the disconnect between the word and the stuff that I’m not sure I’d want to rub on me.
How often do we hear, “Oh it’s good enough,” or “Yeah, it’s pretty good”? — Good seems pretty watered down today, bordering on being just OK, a passing grade.
So, imagine my surprise that someone actually would try to “brand” soap as good.
Before learning of that aspect to the brand, I was left wondering, is good — well, enough to serve as a distinctive trademark, in other words, is it ownable, as IP?
Turns out, it apparently is, Good Soap is federally-registered for “sustainably manufactured beauty products, namely fair trade shea butter soap” — no less than 500+ pages of evidence was submitted to establish acquired distinctiveness.
At the end of the day, I’m still left wondering about the reasonable scope of rights?
With the mildly laudatory Good, it’s probably no surprise that other coexisting soap marks have slipped into the same laudatory-themed bubble bath as Good Soap:
- Good Thoughts Soap Company;
- Common Good;
- Feel Good Beauty;
- Good Company;
- Only Good Stuff;
- The Good Bar;
- That Was Good!;
- Buy Good Soap;
- Good Face Stuff; and
- Be Good.
Besides all those, why did the USPTO allow this Good soap mark to coexist, much less achieve federal registration without a showing of acquired distinctiveness?
With a broader identification of goods, covering simply “soaps” — and no apparent “do-good” double meaning, how did the informational matter refusal slip by too?
Assuming the product attributes live up to the name, wouldn’t a brand rather be great than simply good? In other words, can Good Soap, ever be a Great brand?
By the way, this is not anywhere close to our first soapbox when it comes to getting lathered up over soap trademarks:
- When Are You in a Lather About Trademarks?
- A Zero Sum Game in the Trademark World?
- LOL? Why Is P&G Seeking Registration of Three-Letter Acronyms for Soap?
- More Imaginative THANN Other Soap Brands
- Twilight Trademark Trial Now on Horizon
You can be the judge of what is good versus great. Yes, lather, rinse and repeat.