CITYSTICKS & POPSICLE are two different trademarks for tasty frozen treats. These two trademarks are owed by two different companies and are both registered with the USPTO. USPTO trademark registration grants the owner of each trademark exclusive rights to use the registered trademark when selling, advertising and promoting their frozen treats. This means that the words CITYSTICKS & POPSICLE are off limits to any other person or company selling frozen treats. For example, if another person or company uses either of the trademarks to sell or advertise competitive goods without permission of the trademark owner they may be infringing the trademark and might be asked by the owner to stop using the trademark (i.e. to cease and desist from infringing the trademark).
POPSICLE is the older of these two trademarks and it’s no coincidence that the CITYSTICKS packaging pictured to the left and below does not use the trademarked term POPSICLE. Instead the packaging reads, “ice pops with personalities.” (As you can see, I quickly ate half the CITYSTICKS ice pop before I thought to photograph it for this post. It was tasty).
BY: Vanessa Kaster, Esq., LL.M.
See also: more on the POPSICLE trademark and protecting exclusive trademark rights at http://wp.me/p10nNq-3t, other posts on exclusive trademark rights at https://iplegalfreebies.wordpress.com/category/t-r-a-d-e-m-a-r-k/trademark-exclusive/; USPTO (U.S. Patent & Trademark Office) resources at www.uspto.gov; #trademark, #branding, #valueyourbrand @iplegalfreebies and www.kasterlegal.com