Friday, December 29, 2006
Katrina, the Update
That great website "The Smoking Gun" detailed attorney Andrew Vicknair and attorney/chiropractor Harold Ehrenberg's application to register the mark KATRINA for alcoholic beverages. The Gun was particularly appalled because they filed the application a mere 6 days after Hurricane Katrina devastated New Orleans and surrounding areas.
Well, a few days ago, Dec. 20, 2006, the PTO published the application for opposition. (TDR) Messrs. Vicknair and Ehrenberg changed the filing basis from use in commerce [1(a)] to intent to use [1(b)] because the Examining Attorney called them out on their specimen, which appeared to be temporary in nature.
Technorati Tags: trademark, prosecution, attorney, chiropractor, katrina, drink
Well, a few days ago, Dec. 20, 2006, the PTO published the application for opposition. (TDR) Messrs. Vicknair and Ehrenberg changed the filing basis from use in commerce [1(a)] to intent to use [1(b)] because the Examining Attorney called them out on their specimen, which appeared to be temporary in nature.
Technorati Tags: trademark, prosecution, attorney, chiropractor, katrina, drink
My daughter has more creativity in her pinky than I have in my whole body
Of course she does, why else would you think that I would use such a tired old expression. Anyways, my wife and I were talking about our son going number 2 and our daughter says that he's "redecorating his diaper." I don't know where she gets such euphemisms, but she comes up with them a lot of them.
Maybe she'll be an ad person some day.
Technorati Tags: creativity, advertising, euphemism
Maybe she'll be an ad person some day.
Technorati Tags: creativity, advertising, euphemism
Thursday, December 28, 2006
Coca-Cola Trademark Application
Let's delve a little more deeply on trademark applications and competitive intelligence. From my previous post on Trademark Applications of the Top Ten Global Bands you'll find this trademark application from Coca-Cola for the mark FIND MORE HEALTH IN EVERY MINUTE. The application is for International Class 032 for "Non-alcoholic beverages, namely, juices and juice drinks." You'll see that the basis for filing the application is "1(b)." This means that the application is an Intent-to-Use application and that Coca-Cola has not yet used the mark in commerce. Intent-to-Use applications are permitted by Section 1(b) of the Trademark Act, 15 U.S.C. §1051(b). (Note: a Google search on the mark finds no results, perhaps this post will be the first).
Coca-Cola owns Minute Maid, whose website displays the trademark THERE'S GOODNESS IN EVERY MINUTE. The application for this mark was filed on June 6, 2006. Again, the basis was 1(b). For this application, Coke did not file an Amendment to Allege Use prior to approval of the mark for publication. Coke must now wait until after the PTO issues a notice of allowance to then file a Statement of Use. Coke is clearly now using the THERE'S GOODNESS mark, so once the PTO issues the notice of allowance, one would expect Coke to file the Statement of Use.
Now, we'll just have to speculate that Coca-Cola's next campaign for Minute Made will center around the FIND MORE HEALTH IN EVERY MINUTE mark. While the THERE'S GOODNESS campaign suggests that Minute Maid is both good and good for you, the FIND MORE campaign suggests that Minute Maid is a healthier drink than other drinks.
What's interesting is that both marks share the words "EVERY MINUTE" leading us to wonder what other marks Coca-Cola has applied for with those words. This search, ("every minute")[bi] and ("coca-cola")[on], shows only four. (Again, only the TARR links work).
So there you have a mini example of how you can use the PTO's trademark database to see what your competitor's next campaigns or brands will be.
Technorati Tags: trademark, search, competitive intelligence, branding, trademark search, top brands
Coca-Cola owns Minute Maid, whose website displays the trademark THERE'S GOODNESS IN EVERY MINUTE. The application for this mark was filed on June 6, 2006. Again, the basis was 1(b). For this application, Coke did not file an Amendment to Allege Use prior to approval of the mark for publication. Coke must now wait until after the PTO issues a notice of allowance to then file a Statement of Use. Coke is clearly now using the THERE'S GOODNESS mark, so once the PTO issues the notice of allowance, one would expect Coke to file the Statement of Use.
Now, we'll just have to speculate that Coca-Cola's next campaign for Minute Made will center around the FIND MORE HEALTH IN EVERY MINUTE mark. While the THERE'S GOODNESS campaign suggests that Minute Maid is both good and good for you, the FIND MORE campaign suggests that Minute Maid is a healthier drink than other drinks.
What's interesting is that both marks share the words "EVERY MINUTE" leading us to wonder what other marks Coca-Cola has applied for with those words. This search, ("every minute")[bi] and ("coca-cola")[on], shows only four. (Again, only the TARR links work).
| Serial Number | Reg. Number | Word Mark | Check Status | Live/Dead | |
|---|---|---|---|---|---|
| 1 | 78901640 | THERE'S GOODNESS IN EVERY MINUTE | TARR | LIVE | |
| 2 | 78901623 | THERE'S GOODNESS IN EVERY MINUTE | TARR | LIVE | |
| 3 | 77046358 | FIND MORE HEALTH IN EVERY MINUTE | TARR | LIVE | |
| 4 | 75669335 | SQUEEZE EVERY MINUTE | TARR | DEAD |
So there you have a mini example of how you can use the PTO's trademark database to see what your competitor's next campaigns or brands will be.
Technorati Tags: trademark, search, competitive intelligence, branding, trademark search, top brands
Tag Generator & Social Bookmark Link Creator 2.0
Some of the post in the tmbrandingcap blog has Technorati tags at the bottom. I use Evil Genius Marketing's Tag Generator & Social Bookmark Link Creator 2.0 to create the tags. Tags are a great way to categorize the contents of the post as well as drive visitors to the site. If you have a blog, I encourage you to tag your posts, and use EGM's nifty program.
Technorati Tags: technorati, tags, tag generator, evil genius marketing
Technorati Tags: technorati, tags, tag generator, evil genius marketing
Wednesday, December 27, 2006
Trademark Applications of the Top Ten Global Brands
Ever wonder what names your competitor is thinking about for their new products? Try searching the United States Patent and Trademark Office's Trademark Electronic Search System ("TESS"). For example, the below search pulls up the trademark applications filed in the month of November, 2006 for the Top Ten Global Brands according to the annual survey by BusinessWeek and Interbrand:
Technorati Tags: trademark, search, competitive intelligence, branding, trademark search, top brands
200611$[FD] and (("coca-cola")[on] or (microsoft)[on] or ("international business machine")[on] or (ibm)[on] or (ge)[on] or ("general electric")[on] or (intel)[on] or (nokia)[on] or (toyota)[on] or (disney)[on] or (mcdonald's)[on] or ("mercedes-benz")[on] or (daimlerchrysler)[on] or ("daimler chrysler")[on])If you're wondering, the search pulls up 79 records. (NOTE: to view the marks, click on the "TARR" links, the other links do not work.)
Technorati Tags: trademark, search, competitive intelligence, branding, trademark search, top brands
Starbucks v. Ethiopian Farmers
Brand Sizzle has a nice post about Starbucks' trademark dispute with the Ethiopian government and how the dispute is playing out on YouTube.
Links on the Right
I've put up some links to trademark blogs and branding/marketing blogs on the right. Please contact me if you know of a good blog and I'll put it up.
Tuesday, December 26, 2006
About and Disclaimer
My name is Alvin Borromeo. I'm an attorney and work here. The Trademark Branding Cap is my personal blog about trademarks and branding. The comments and opinions I speak here are solely my own and not that of my employer.
Why the "cap?" Think "thinking cap." Brandingcap.com, my original "brainstorm," was taken by one of those domain name speculators. So I added the "tm" in front.
It's appropriate anyways. A large portion of my legal practice is related to trademark work. Plus, I'm not a marketing expert by any means, and a name without the "tm" might lead one to think that I'm a marketer. Just call me a marketer wanna-be. (When I was young I wanted to go into advertising.)
So now for the disclaimer part. This blog is for informational purposes only. In some jurisdictions, this blog may be considered legal advertising. I may talk about legal stuff in some posts, but it is not legal advice. If you need legal advice about your particular situation, then see an attorney. By all means, if you want legal advice from me, then contact me and we'll enter into a formal attorney-client relationship. Otherwise, the contents of this website does not establish an attorney-client relationship between you and me.
Why the "cap?" Think "thinking cap." Brandingcap.com, my original "brainstorm," was taken by one of those domain name speculators. So I added the "tm" in front.
It's appropriate anyways. A large portion of my legal practice is related to trademark work. Plus, I'm not a marketing expert by any means, and a name without the "tm" might lead one to think that I'm a marketer. Just call me a marketer wanna-be. (When I was young I wanted to go into advertising.)
So now for the disclaimer part. This blog is for informational purposes only. In some jurisdictions, this blog may be considered legal advertising. I may talk about legal stuff in some posts, but it is not legal advice. If you need legal advice about your particular situation, then see an attorney. By all means, if you want legal advice from me, then contact me and we'll enter into a formal attorney-client relationship. Otherwise, the contents of this website does not establish an attorney-client relationship between you and me.
Branding from a five year old's perspective
If you don't know the value of a powerful brand, then you don't have kids. My daughter is just now learning to read, but way before knowing what words an arrangement of letters spells out, she recognized brands and their trademarks. My wife sells occasionally for Discovery Toys. My daughter knows what their logo looks like. She also knows that the brown truck that delivers the toys is the UPS truck. She also knows the UPS logo. We'll be driving past a UPS Store and immediately she'll yell out "UPS!"
My daughter also knows the Pizza Hut logo and Taco Bell logo by name. Of course she knows the McDonald's golden arches.
And marketers recognize the power of the brand and the influence kids have on a family's purchases. The Economist recently wrote about the trillion-dollar kids. The second headline says that "children exert a surprising influence over the purchase of grown-up goods." From a parents perspective, I agree.
Parting quote:
My daughter also knows the Pizza Hut logo and Taco Bell logo by name. Of course she knows the McDonald's golden arches.
And marketers recognize the power of the brand and the influence kids have on a family's purchases. The Economist recently wrote about the trillion-dollar kids. The second headline says that "children exert a surprising influence over the purchase of grown-up goods." From a parents perspective, I agree.
Parting quote:
Companies have discovered that it is often more effective to recruit a child as an in-home marketer than to try to convince a parent to buy their products. That may explain why Nickelodeon is Viacom's most profitable division—advertisers are lining up to pay a premium for access to their most valuable targets. Furthermore, every child represents a new chance to build cradle-to-grave brand loyalty.
Tags: brands, branding, marketing to kids, the economist
Monday, December 25, 2006
Welcome to the TM Branding Cap
Merry Christmas and welcome. I thought it appropriate to publish this first post of the Trademark Branding Cap on the most significant branding day of the known universe. Christmas.
More later.
More later.
