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

Trademark Tuesday – New and Cancelled Marks – May 16, 2023

We had 634 newly registered marks in class 025 this week, alongside 331 cancellations. And we have a prime contender for Worst Specimen of the Year!

(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

ALL PURPOSE
APPLES & ORANGES – Totally comparable. Both fruits!
BUILT BY PLANTS
CAMP FREE OR DIE – Seems a bit drastic.
CAMP VEGAN
CLIT – Had to share, both as a “whaaaat?” and for the terrible specimen below.
CONSISTENT AS FUCK – To hell with “AF,” we’re just gonna spell it out.
DESIGNED BLACK
DIRTY WEEKEND
DON’T TAKE YOSEMITE FOR GRANITE – A joke that is, itself, older than granite.
DREAM – Seriously??? Goods are hoodies, sweaters, sweatshirts.
FREEDOM IS BETTER – Better than what, specifically?
IT’S A THING.
IT’S ALWAYS THE WEEKEND – Except for Monday through Friday.
LITTLE DOG ENERGY – I’m not a huge fan of dogs; especially little dogs. I’ve known too many vicious ones.
LIVE SPECTACULARLY
MORE TO COME
NATIVE SUN
ODD DUCK – Goes right below “ODD BIRD” on the spreadsheet.
PIKACHU – But you weren’t using this anyway, RIGHT??
PRAYER IS MY WEAPON OF CHOICE [Supplemental] – Now I have the Fatboy Slim song stuck in my head.
RANGER
REMIND ME TO ASK FOR THE SENIOR DISCOUNT! – A contender for Worst Specimen of the Year!
RESPECT THE SURF
REVERT
SELF RELIANT
SHE’S A BOSS – A boss babe! A boss bae! A girlboss!
TELL YOUR FRIENDS
UNWOMANLY
VALHALLA WHEN I DIE – Ride eternal, shiny and chrome!

 


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

NEVER SAY DIE
WIGGLE

 


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!)

2ND DATE
ADVENTURE KITTY
BABY DANISH
BABY PORTUGUESE
BOOTYWEAR
CRAZY AND FEARLESS
CRYPTO
EVERYDAY HAWAII
EVERYDAY LAS VEGAS
GANG GREEN
HOME IS WHERE THE FIELD IS * [removed from spreadsheet]
HOW MUCH JESUS DO YOU WANT?
I KNOW WHEN THOSE SLEIGH BELLS RING * [removed from spreadsheet]
I’D RATHER BE NAUGHTY
I’D RATHER BE…OUTSIDE
I’M HERE FOR YOU
IGNORANT GENIUS
INSPIRED BY CHRIST
JESUS…BLESS ME WITH STRENGTH!
LADY ANGEL
MALIBU GIRLS
MEMPHIS BLUES
MEXICAN STYLE
NO LIMIT
OMEN
R&D
RIVER LIFE
RULE THE RUNWAY
STRONG LIKE BULL
STUNNIN
SUPER GLOW
T REX HATES CHRISTMAS
TAP THIS
TOO REAL TOO FAST
UNICORN GANG
YOGA LOVES ME

 


PART 1-B: SPECIMENS OF NOTE

First off, here’s the specimen for CLIT. Yes, that’s just a sticker on a mug.  And a tag that may or may not be attached.  And it’s using the ® symbol in its specimens, despite the fact that it’s against the law to use that symbol on an unregistered trademark. [eyeroll]

Specimen for the registered trademark CLIT.

 

But CLIT pales in comparison to this juicy specimen for REMIND ME TO ASK FOR THE SENIOR DISCOUNT! Let’s count the ways in which this specimen is total junk:

  1. It’s some wrinkled-up shirt just thrown on a table;
  2. The phrase is only shown ornamentally on the front of a shirt;
  3. The tag space in the shirt shows a completely different actual brand;
  4. The phrase on the shirt is using the ® symbol when it shouldn’t;
  5. Design-wise, the text isn’t properly centered (look at the first and second lines, totally off-center);
  6. And the text isn’t even straight on the shirt, as you can see from my red guidelines!

What makes me even angrier is that this is a replacement specimen; the first one was almost identical, and was rejected “because the applied-for mark as used on the specimen of record is merely a decorative or ornamental feature of applicant’s clothing and, thus, does not function as a trademark to indicate the source of applicant’s clothing and to identify and distinguish applicant’s clothing from others.

Specimen for the registered trademark REMIND ME TO ASK FOR THE SENIOR DISCOUNTSpecimen for the registered trademark REMIND ME TO ASK FOR THE SENIOR DISCOUNT

 


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.

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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