Three Dimensional Shape

Jelly Belly_Template.inddLast week Jelly Belly Candy Company filed a non-traditional trademark application with the USPTO to federally register the shape of its Jelly Belly candies. The claimed mark is drawn like this:

JellyBellyDrawingAnd, described like this: “The mark consists of a candy having a rounded squat kidney-like shape, with one longer side being a continuous arc

Furminator deShedding Tool

If FURminator Inc. were looking for a pitchman to promote and increase sales of the “famous” FURminator® pet grooming tool, and recognizing the recent, sudden and unforfunate passing of famous bearded TV pitchman Billy Mays (who could sell household products better than just about anyone, and still appears to be doing so after his passing), I’m thinking that the fictional cyborg assassin character played by “Ahnold” in “The Terminator” film would be the next best pitchman for the futuristic, stylish, and eye-catching pet grooming product shown above.

While either Billy Mays or Ahnold probably could have increased, or still could increase, sales of the product, it is more likely that neither could have saved the company from losing its bid to register trademark protection for the claimed trade dress, covering the three dimensional shape and appearance of the product. Since the applications were refused registration by the U.S. Trademark Office on functionality grounds here and here, and they terminated (were abandoned) without response, I suspect that early collaborations between legal and marketing types (and probably engineering types too) is all that might have helped avoid the terminal fate of these wishful non-traditional trademark applications.


Continue Reading The FURminator® and Ads Touting Utility: Marking the Termination of Product Configuration Trademark Protection?