Epic Launch -> of Hillary’s Trademark and Campaign Reply

Launching a trademark on Sunday night and having it featured in a New Yorker cartoon the next day Screen Shot 2015-04-15 at 10.12.23 AMmay be a trademark dream come true.  It’s Hillary Clinton’s 2016 campaign logo (featuring an H and a right arrow) that has created the buzz of attention.

The Washington Post ran an article on Monday that compiled public comments, reactions and look-a-likes to Hillary Clinton’s 2016 campaign logo.  An interesting look-a-like logo mentioned in the article caught my attention: a logo for a defunct English supermarket chain called “Hillards” that had a similar H-arrow logo. (Pictured in the bottom right corner of the Hillards advertisement.)  The good news for Hillary’s campaign is that this look-a-like should not block nor create any issue with her new campaign logo.  This is because: Screen Shot 2015-04-17 at 2.46.02 PM

  1. The supermarket trademark was not used in the United States. (Trademark rights are acquired by use of the trademark in a particular geographic region and can be registered in a specific country or countries.  Once registered, continued use of the trademark is required to maintain the registration); and
  2. The trademark does not appear to be “in use” any longer in any country due to a reportedly hostile takeover. (Trademark rights are sustained by actual use of the trademark to sell particular goods and/or services.  Failure to continuing using a trademark in commerce to sell particular goods and/or services “kills” a trademark).  Screen Shot 2015-04-15 at 10.11.51 AM

Personally, I like Hillary Clinton’s 2016 campaign logo.

BY: Vanessa Kaster, Esq., LL.M.

For personalized legal services you are welcome to contact me at vk@kasterlegal.com

See also: Basic facts about trademarks issued by the USPTO at http://www.uspto.gov/sites/default/files/trademarks/basics/BasicFacts.pdf; more posts on trademarks at https://iplegalfreebies.wordpress.com/category/t-r-a-d-e-m-a-r-k/; The UK Intellectual Property Office with trademark search options at https://www.gov.uk/government/organisations/intellectual-property-office; @iplegalfreebies and www.kasterlegal.com.

Trademarks – What Types Of Trademarks Are There? Reply

For fun, here is a list of some types of trademarks.  Are there more types than you would have guessed?

  • Logo
  • Numbers
  • Slogan
  • Nickname or abbreviation
  • Internet domain
  • Words
  • Packaging
  • Character
  • Color
  • Distinctive Building Shape

The key to “being a trademark” is “being USED as a trademark.”  One way to explain this is to ask if the trademark is being used to identify and distinguish goods and services of a particular company or brand. For example, does the trademark enable consumers to identify the company that makes the goods?  Do you notice the trademark on the items or in advertising? Does the trademark distinguish the goods of one producer from the goods of competitors?

Here are examples of each of the types of trademarks listed above:

  • Logo: NIKE SWOOSH                                                                                          TM Types
  • Numbers: 1664   (Kronenbourg beer)
  • Slogan:  A DIAMOND IS FOREVER   (De Beers)
  • Nickname or abbreviation: VW   (Volkswagen)
  • Internet domain: GODADDY.COM
  • Words: GROUPON or APPLE
  • Packaging: COCA-COLA BOTTLE
  • Character: GEICO GECKO
  • Color: TIFFANY’S BLUE JEWELRY BOX
  • Distinctive Building Shape: APPLE STORE

See also: Another post containing instructions on “how to run a basic search on the USPTO (US Patent and Trademark Office) trademark database” at http://wp.me/p10nNq-BMcCarthy on Trademarks Vol 1, Ch 7[B]; the USPTO website at www.uspto.gov, the trademarks listed above: NIKE SWOOSH (USPTO Reg. No. 2107521 and others); 1664 Kronenbourg (USPTO Reg. No. 2702301, 3282436 and others); A DIAMOND IS FOREVER (USPTO Reg. No. 337133); GODADDY.COM (USPTO Reg. No. 2945200, 3605479 and others); GROUPON (USPTO Reg. No. 3685954 and others); APPLE (USPTO Reg. No.4088195 and others); COCA-COLA bottle (USPTO Reg. No. 4200433 and others); GEICO GECKO (USPTO Reg. No. 3398021 and others); TIFFANY’S BLUE BOX (USPTO Reg. No. 2184128 and others); APPLE STORE (USPTO Reg. No.4021593); @iplegalfreebies and www.kasterlegal.com.

BY: Vanessa Kaster, Esq., LL.M.

For personalized legal services you are welcome to contact me at vk@kasterlegal.com

 

A trademark ‘in use’ is cheaper to register than one you ‘intend to use’ 3

Registering a trademark that you are already using is 3 to 4 times less expensive than registering a trademark that you are intending to use down the road.  How can this be?  The answer is that a trademark that is already in use has a fewer fees.  A trademark that is being registered for future use has more fee payments and is called an ITU (intent to use) trademark.   The extra fees associated with an ITU application can easily add up to over $1,000.  After a trademark application for an ITU is filed, additional documents must be filed every six months accompanied by a $150 fee per class of goods and services.   These six month extensions (which are available for a max of 3 years) are required until the ITU starts being used in commerce.  Then once the ITU starts being used, additional paperwork (a Statement of Use) must be filed along with an additional $100 fee.

Since an ITU can cost so much more, it’s a good idea to take a close look at your business plan to determine if you are better off filing for trademark registration after you have started using your mark.  Often ITU registrations are filed when a business idea is being pitched to potential business investors and there is a risk that the trademark could be stolen along with the business idea in the early stages of developing and financing the business.  If you are financing your own business and there is a low risk of your idea being stolen… then waiting to file your trademark once it is being used in commerce (with the goods and services being sold by your business) could be a good idea.