Welcome to another edition of non-traditional trademarks in connection with package designs:
The Billy Goat Chip Company contends it owns exclusive rights in a protectable and distinctive trademark for the appearance of the above chip bag, minus any words or images — just the shape and configuration of the bag. (Reminds me of my
As it turns out, four days after Easter, the USPTO refused registration of the Big Green Egg’s claimed exclusive rights in the shape and color of its popular barbecue smoker and grill:
As you will recall, we wrote about this product configuration trademark application, back in December of last year. Here are the challenges
FUSE 2015 is off to being yet another amazing, inspiring event for brand strategy and design professionals. The keynote speaker for day one was Eric Quint, Chief Design Officer of 3M, who delivered a very interesting presentation called: “Future Forward: Beyond Design Tourism.”
Little did Mr. Quint know that he set the table nicely
We’ve been spilling a lot of digital ink lately on the topic of non-traditional trademark protection and how the functionality doctrine serves as an absolute bar for such protection.
As you know, for some time, we’ve been stressing the importance of close collaboration between trademark and marketing types when it comes to forming public communications
Continuing our ramp up toward the launch of our Strategies for Owning Your Product Designs webinar next week, I’ve been thinking a lot about the Morton-Norwich factors — the common analysis for determining whether a product design or feature can be owned as a trademark or whether it is functional and part of the public
Welcome to another edition of newly filed configuration trademark applications at the USPTO, here is the latest; it is quite a specimen:
The question for the day though is whether the claimed mark actually functions as a trademark to indicate that the goods come from a single source.
The claimed mark is described this way
As our loyal readers know, we love bringing non-traditional trademarks within your sights for consideration, even if they’re hanging from the ceiling, so here’s another to explore:
The
As if we all haven’t already indulged a little too much over the holidays, we chose our first day back to write about non-traditional trademark protection for the configuration of single-serving apple pie pastries. It’s OK, don’t worry, if the Blossom pastry to the left is tempting,
Every now and then it’s worth checking in at the USPTO to see what’s cooking in the world of non-traditional product configuration trademarks:
As it turns out, the Big Green Egg is seeking to be more than a word mark — two
Are your intellectual taste buds craving more discussion of non-traditional trademarks? It’s not every day we have the opportunity to write about a restaurant’s claimed trademark protection for the flavor or taste of certain food dishes and a restaurant’s claimed trade dress in the chef’s unique plating or visual presentation or appearance of certain