Procter & Gamble (P&G) has filed federal trademark applications to register several well-known (at least among millennials) acronyms used in text messages, including LOL (laughing out load); NBD (no big deal); WTF (what the f***); and FML (f*** my life). The applications identify cleaning products, including liquid soap, dish detergents, surface cleaners, and air fresheners.
3 Really Is the Magic Number
– Mark Prus, Principal, NameFlash
Schoolhouse Rock fans already know this, but it took a January 2014 publication in the Journal of Marketing for marketers to get confirmation.
I blogged about Procter & Gamble’s “Secret of the Number 7” a few years ago on DuetsBlog, and later observed that their “magic number
A Floating Feather Suggests What to You?
Recently I happened upon an interesting non-traditional, non-verbal, federally-registered trademark that is sure to inspire multiple naming/branding/design posts for me down the road, and I’m anticipating they’ll be so easy to write, I’ll probably do them while I sleep:
So, given that introduction, any guesses as to the brand identified by this floating
Get to Know Mr. C, But Where Are His Eyes?
Earlier this year Tiffany and I had a chance to learn about Procter & Gamble’s creative efforts in bringing Mr. Clean to life at the FUSE Conference in Chicago.
Little did we know at the time, that a brand truncation might be in the works, and that there could be reason for an addition to
No Plaque on This Scope Bottle Trademark
Would you place this mouth wash bottle on your bathroom counter or hide it under the counter?
The answer to this question, it appears, can have a material impact on whether the shape and design of the bottle functions as a non-traditional trademark.
The Procter & Gamble Company created this elegant container design —
A Rose by Any Other Name
—Brent Carlson-Lee, Founder & Owner of Eli’s Donut Burgers
I have to admit Beef Products Inc.’s “lean, finely textured beef” sounds pretty good. But call it “pink slime” (its recently popularized nickname) and I find it much less appetizing. In their defense, pink slime is 100% beef…except for the ammonia. And beef without ammonia is
Willa-n-Wella, Living-n-Harmony Now
The New York Times has been following a trademark battle between Christy Prunier’s body and beauty care start-up business apparently geared toward preteen and teenage girls (Willagirl LLC) and industry giant Procter & Gamble, owner of the well-known, if not famous, more than century old WELLA hair care brand, with U.S. trademark rights dating back
What Is P&G’s “Secret of Seven”?
—Mark Prus, NameFlashSM
A few years ago, Procter & Gamble launched the Olay Total Effects line, and introduced us to “Anti aging skin care products that moisturize and fight seven signs of aging.” In case you don’t know, the “seven signs of aging” are “look of fine lines and wrinkles, rough texture, uneven skin
Exploring Alternative Spellings
–Dan Kelly, Attorney
I recently came across a catalog for a company that sells “modular floorcovering” — probably better known as “carpet squares.” (They actually sell more than squares, but I digress.) The brand? FLOR. FLOR? Cue kneejerk trademark attorney reaction: “FLOR? Are you kidding me? I bet they had a heckuva time getting
Dialing in on Trademark Abandonment?
What do these photos have in common, besides the fact that they are both from Roadsidepictures‘ beautiful photostream collection posted on Flickr?
Well, one might say, they both illustrate a form of abandonment, an abandoned building on the left, and apparently some abandoned intellectual property in the form of a clock logo and ’round the clock protection tagline on the right (the package of vintage Dial soap apparently was purchased in Sandy, Utah, as late as 2003).
With respect to trademark abandonment, at least under U.S. Trademark Law, it is often said, a trademark owner must "use it or lose it." Apparently in that spirit, over the last couple of decades or so, Dial has permitted its various U.S. Trademark Registrations containing the clock logo and ’round the clock protection tagline to become cancelled or to expire, here, here, here, here, here, here, and here.
If a trademark owner discontinues use of a trademark with an intent not to resume use of the mark, at that very moment, the trademark is immediately abandoned (putting aside the potential issue of "lingering goodwill"). Since U.S. Trademark Law appreciates (or at least anticipates) that there is likely to be debate over the "intent not to resume use" element, legal abandonment is presumed after three consecutive years of non use.
A couple of other important points about trademark abandonment are worth noting.
Under U.S. Trademark Law, if a trademark registration has been abandoned or permitted to lapse or expire, it doesn’t necessarily mean that the underlying common law or unregistered trademark rights have been abandoned — if the mark remains in "use" there is no trademark abandonment, only relinquishment of the registration. Keep in mind that "use" means "bona fide use" of a trademark "made in the ordinary course of trade, and not made merely to reserve a right in a mark."
In addition, trademark abandonment occurs "[w]hen any course of conduct of the owner, including acts of omission as well as commission, causes the mark to become the generic name for the goods or services on or in connection with which it is used or otherwise to lose its significance as a mark." So, if the trademark owner does something (like misuses its mark) or fails to do something (like enforce its rights against infringers) that causes the mark to become generic or otherwise lose its significance as a trademark, there is legal abandonment of trademark rights.
So, what often happens in the marketplace after a trademark is abandoned?
Others tend to view this as an open door to adopt the same or similar marks:
Do you suppose Dial has any regrets in letting the clock logo go?Continue Reading Dialing in on Trademark Abandonment?