MISSY MEYER’S SNARKY MUSINGS ABOUT TRADEMARKS, COPYRIGHT, LICENSING, AND OTHER IP!

Trademark Tuesday – New and Cancelled Marks – 31 October 2023

Happy Halloween! We had 561 new registrations in class 025 this week, and 395 cancellations. And unlike last week, the curated cancellations list below is HUUUUGE. With a lot of good words and phrases!

Note: These new marks are now fully registered and active! These lists are compiled from the Trademark Official Gazette, which publishes lists of the newest registered marks every week. (Some of these are legitimate brand names! I’ve included them on this list because those brand names are also words or phrases that may be used on the goods in question by crafters and makers.)

 


PART 1: NEW REGISTRATIONS (PRINCIPAL REGISTER)

5-MINUTE CRAFTS – I kind of enjoy hate-watching their videos.
AMERICAN TOMBOY
BAD GENES
BE ELEGANT NOT CLASSLESS – Are those my only two options?
BE FEMME FORWARD – So … not an American Tomboy?
BLACK BY GOD
CALL ME WHEN YOU RICH
CAN YOU DIG IT?
DADDY MAGIC – *POOF!* He’s done laundry without being asked!
DECLINE TO PARTICIPATE – We should all do this more.
DEFIANT AMERICAN
FLINT AND TINDER
FOLLOW YOURSELF
GOOD FUCKING – What a surprise! Specimens show other words after the phrase. (See below.)
HAVE A NICE LIFE – Appears to be a post-punk shoegaze band.
HMM INTERESTING
HOPE FIEND
I AM QUEEN CHARLOTTE – Does … not? appear to be a Bridgerton thing?
JUST FARM
LIFE BEYOND THE HORIZON
LOVE HEMP
LOVE IGNITES PEACE
LOVE IS NOW
LOVE ORLANDO – Lots of love this week! All different owners.
MILITIA OF ONE – But are they well-regulated?
MUSHROOMS ARE PEOPLE TOO – When you have to draw arrows on your specimen, it isn’t clear enough.
MY ABS DO NOT APPROVE
ORIGINAL INDIVIDUAL
PARADISE CITY
PEACE UNITY & LIBERTY – The owner is “99 Cent Pizza, LLC.” Fascinating!
PENDULUM
RARE
RIDE OR DIVE
RISE OF THE APES
SAVE A LEAF EAT SOME BEEF – I can get behind this one!
SAY IT LOUD! – Right above “SAY IT LOUDER” on the spreadsheet, different owner.
SECRETOS DEL CORAZON – I know it’s “secrets,” but my brain is saying “secretions of the heart.” Gross!
SELF MADE BABE
SIMPLY GUNS – Hey Missy, why did you move away from the USA?
STATE OF MATTER
STRAINS – It’s a marijuana thing, but the word makes me think of constipation.
SWAG AIN’T FREE
TABASAURUS – Picturing a can of Tab soda with tiny arms…
THE COOL NOBODY
TROPHY HUNTING
UNITED STATES COAST GUARD ACADEMY – But you weren’t using this anyway, right?
UNTITLED
WEAR THE WATER
WHEN EVERYONE LOVES EVERYONE HEALS
WOO WOO WOO – Catchphrase of actor Michael Colyar.
WYR – Common acronym for “would you rather.”

And it’s been a big week for dystopian Young Adult book heroine names! AYVEE, CHAMILY, DEEBREE, KACEEY, KASSIA, MABIE SWAN, RABANNE, ROCI, and VICTORIA-HELLENA will all be battling it out to be the love interest of MAKARTHY, leader of the people’s rebellion against the king!

 


PART 1-B: NEW REGISTRATIONS (SUPPLEMENTAL REGISTER)

RICH BUMS

 


PART 1-C: OLDER REGISTERED MARKS I DISCOVERED THIS WEEK

HAPPY BAY
SPURS UP

 


PART 2: CANCELLED MARKS

(Standard disclaimer: Always double-check these words and phrases before using them in your designs, to make sure there isn’t a separate registration that is still live and active. Some marks have multiple registrations!)

A BETTER BEAUTIFUL
ACID NYC
BAD NEWS
BALL BOY
BLACK BY DESIGN
BLUE DOLLAR AMERICA
BREAST MODE
BRIDE’S CREW * [removed from spreadsheet]
CAUSE YOUR GREATNESS
COOKIE PLANET
CORK LIFE
DUCKY
DUTCHIE LIFE
EVERY COOKIE NEEDS A BELLY
FARM RAISED * [removed from spreadsheet]
FUEL HAPPY
FUN HOGS
GENUINE STUFF
GET BETTER OR GET WORSE
GET YOUR SHINE ON
GRUMPY PUPPY
HUMBLE SOULS
HUSTLE OR STARVE
IS NOT THE SAME WITHOUT ME
ISSUES
IT’S OUR TIME
JUST ANOTHER DAY
KICK IT, DON’T KISS IT
KIND IS BEAUTIFUL
LIFE FAR OUT
MAKE IT CREATIVE!
MERRY CHRISTMAS BITCHES
MIXED EMOTIONS CLUB
NEVER COAST
ONLY THE BEST
PRAY.
SHELL ISLAND LIFE
SICK NOT WEAK
SNAP * [removed from spreadsheet]
SUPER SISTER
THE YOGA GUILD
TIRED BUT INSPIRED
TRUE TRINITY
UPTOWN SOCIETY
VARSITY LIFE
WEAR YOUR ALLEGIANCE
WEEKEND SAFARI
WHOA, WAIT.
WHY I LOVE WHERE I LIVE
WOMAN OF STEEL
WRINKLED TEENAGER
YES.SISTER

 


PART 3: SPECIMENS OF NOTE

Here’s how a lot of applications with multiple specimens end up going; we’ll use GOOD FUCKING as an example. The first one they upload is a totally ornamental use; text slapped on the front of a t-shirt:

First specimen for GOOD FUCKING

The applicant is sent a notice not only telling them that their specimen is ornamental, but also giving advice on what to change for their new specimens. “Examples of acceptable specimens that show non-ornamental use on clothing include hang tags and labels used inside a garment.” This one also was told that the specimen does not match the applied-for phrase, since the specimen shows GOOD FUCKING WINE.

Here’s the replacement specimen. It still has additional text on it, which should have triggered another notice back to them. But it’s used on a hang tag … attached to a clearly used and worn garment. And I guess for the USPTO, that’s enough.

Second specimen for GOOD FUCKING

I know the examiners are overworked as heck, but if it’s me, I’d send this back again. The second issue of the specimen not matching the applied-for phrase hasn’t been corrected; there’s now just different text after the mark. And the brand is presented entirely differently.  Plus, I seriously doubt they’re selling a worn and washed shirt with that hang tag.  But hey, I’m not a lawyer!

 


[sic] = The mark contains a spelling, spacing, grammar, or punctuation error. The error is left as-is.
[removed from spreadsheet] = The cancelled item had been on my spreadsheet of marks, and has now been removed.

 


Note: This is a curated list, and may not include all marks that affect you or your business. All opinions expressed in the snark are my own. All snark is intended for entertainment purposes.

As always, the new marks have been added to my ginormous spreadsheet; please check it out for a shockingly large list of registered trademarks!

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