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Tag Archives: Look-for

Color Marks: Looking for Look-for Advertising

Posted in Articles, Branding, Look-For Ads, Marketing, Non-Traditional Trademarks, Product Packaging, Sight, Trademarks, USPTO

These lime green building sites caught my eye and jogged my trademark memory. First, the future home of the University of Iowa College of Pharmacy, at beam signing, on May 4, 2018: Second, the expansion of the Metro Transit headquarters near downtown Minneapolis, on June 12: Of course, the obviously common element of both building sites, besides… Continue Reading

White Color Trademark Goes Up in Flames

Posted in Advertising, Almost Advice, Articles, Branding, Look-For Ads, Loss of Rights, Marketing, Non-Traditional Trademarks, Patents, Sight, Trademarks, TTAB, USPTO

A couple of years ago, our friend John Welch over at the TTABlog reported about a white color trademark that had acquired distinctiveness, according to a rare precedential TTAB decision: No, that’s not a roll of toilet paper, it’s a preformed gunpowder charge for use in muzzleloading rifles. And the applied-for mark was described as… Continue Reading

Negative Look-For Advertising Statements

Posted in Advertising, Almost Advice, Articles, Branding, Look-For Ads, Loss of Rights, Marketing, Non-Traditional Trademarks, Patents, Product Configurations, Sight, Technology, Trademarks

Loyal readers know how important look-for advertising can be in making the difference between establishing trademark ownership in the shape or configuration of a product, and being left with nothing but a goose egg (as opposed to a Big Green Egg). That’s not to say, the clunky words “look-for” are required, yet something equivalent and… Continue Reading

Bottega Veneta Unties a Trademark Knot

Posted in Advertising, Articles, Branding, Fashion, International, Look-For Ads, Marketing, Non-Traditional Trademarks, Product Configurations, Sight, Trademarks, USPTO

It is easy for some to get all tied up in knots at the USPTO when facing challenging grounds for refusal against federal registration of a claimed non-traditional trademark. Not Bottega Veneta. Last week the Swiss-owned fashion house and luxury brand was able to persuade the USPTO to approve for publication the three dimensional knot… Continue Reading

Owning a New Look Through Advertisements

Posted in Advertising, Articles, Branding, Food, Look-For Ads, Marketing, Non-Traditional Trademarks, Product Configurations, Product Packaging, Sight, Trademarks

We’ve spilled a lot of digital ink on the importance of “look for” advertising when a brand owner wants to legally own a non-traditional trademark like a single color, or perhaps the shape of a product, or even product packaging or containers, among other potential non-traditional marks. So, when I discovered three billboard ads within… Continue Reading

Calling Non-Traditional Trademarks By Name

Posted in Advertising, Articles, Branding, Look-For Ads, Loss of Rights, Marketing, Non-Traditional Trademarks, Product Configurations, Technology, Trademarks, USPTO

Things that are worth talking about need names. Good, distinctive names are best. As you may recall, last year we wrote this about non-verbal logos needing names: “Marketing types, when brand owners operate in the world of non-verbal logos, isn’t spreading the news by word of mouth more difficult without a word to bring the image… Continue Reading

Will Tire Tread Trademarks Gain Traction?

Posted in Advertising, Articles, Branding, Look-For Ads, Marketing, Non-Traditional Trademarks, Patents, Product Configurations, Sight, Technology, Television, Trademarks, USPTO

Here is to sharing a photo I took using my iPad on a recent Canadian fishing trip, and yes, there is a trademark story here to share as well, not just a beautiful sunset positioned behind this ATV tire. In my purchase of automobile tires over the years, one of the key selling points has been traction — especially with… Continue Reading

Can you hear it?

Posted in Look-For Ads

–Susan Perera, Attorney Christmas came and went, and here in Minnesota it was a bit brown and depressing looking outside. If only it would snow… Sigh. However, if you listen carefully you might hear it… no, it’s not the reindeer, but maybe some “listen for” advertising? This holiday season I’ve seen a few too many Lexus… Continue Reading

Snickers Cross-Section Trademark Notice

Posted in Advertising, Branding, Famous Marks, Food, Marketing, Non-Traditional Trademarks, Sight, Trademarks

You may recall about a year ago I did a post entitled "Delicious Trademarks: Candy Bar Cross-Section Trademarks?" I was reminded of this a couple of weeks ago when I snapped this photo, capturing what I believe to be the same point of sale display that inspired my original post: A couple of months ago I saw in a convenience store a large Snickers… Continue Reading

Uniform Look-For Advertising?

Posted in Advertising, Branding, Look-For Ads, Marketing, Non-Traditional Trademarks, Trademarks

Spring is in the air (at least here in Minneapolis) and so are some fresh examples of look-for advertising that actually avoid the use of those straitjacket words. As we have discussed before, look-for advertising is a powerful tool in developing non-traditional trademark rights in subject matter such as single color marks. Dan discussed it here, in… Continue Reading

Color Trademarks, Red Knobs, and Secondary Meaning

Posted in Branding, Goodwill, Infringement, Law Suits, Look-For Ads, Marketing, Non-Traditional Trademarks, Sight, Trademarks

More on single color trademarks today. Eighteen months ago, Wolf Appliance obtained a federal trademark registration in connection with "a red knob or knobs" of "domestic gas and electric cooking appliances, namely, ranges, dual-fuel ranges, cooktops, and barbeque grills." Wolf put its registration to the test a couple of weeks ago in a federal trademark infringement… Continue Reading

A Trademark Touch: Owning and Protecting Touchmarks

Posted in Advertising, Branding, Food, Marketing, Non-Traditional Trademarks, Product Packaging, Touch, Trademarks

The October/November issue of Brand Packaging magazine just hit the streets and I’m deeply honored to say that my piece entitled "A Trademark Touch: Strategies for Owning and Protecting Touchmarks" is this issue’s "cover story" (minus the skull and crossbones). The digital version can be read here. I hope you find it eye-opening in a… Continue Reading

One Way to Establish a Non-Traditional Trademark

Posted in Advertising, Branding, Famous Marks, Food, Marketing, Non-Traditional Trademarks, Sight

–Dan Kelly, Attorney Do you recognize this logo? Does it make you hungry?  Ok, maybe not. Let’s try some word associations instead.  I’ll list some words, and you just shout out the first thing that comes to mind for each one: CHEWNIVERSITY CHOMPENSATION SATISFLYING ANTIHUNGERESTABLISHMENTARIANISM How’d you do?  The answer to this mystery is after… Continue Reading