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

Trademark Tuesday – New and Cancelled Marks – May 30, 2023

It’s a tough week for those with nautical-themed designs; both NAUTI BY NATURE and VITAMIN SEA have been locked up in trademark registrations. On the plus side, I can see specimens again! But the USPTO websites are all loading glacially slow. Overall, we had 633 new marks registered in class 025, and 395 cancellations.

IMPORTANT NOTE: The USPTO is requesting to increase fees. This includes moving the Letter of Protest fee from $50 to $200!! There are still a few days to submit a formal comment protesting this outrageous fee increase — the deadline for comments is June 12, 2023. Visit the Written Comments section of the Federal Register entry for this issue for instructions on how and where to submit your written comment.

(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

1000% CUTE – Note, this is one thousand, not one hundred. (Still sucks, tho.)
BEELOVE – Not sure if this is bee love, or a play on “believe.”
BELIEVE THE GOOD
BREEZY
CELEBRATE THE PEAKS [Supplemental]
CHERISH & PROTECT
CHICAGO STYLE [Supplemental] – Appears to be hot dogs (had ’em, like ’em) and not pizza (never had, can’t judge).
DEN
DOG STRONG – I dunno, some of those little shaky dogs seem pretty weaksauce.
EVERY DAY COUNTS – I’m just delighted at a correct use of EVERY DAY vs EVERYDAY.
FROM THE BRONX
FROWNY – I guess this is a gentler term than “resting bitch face.”
GIRL WITH THE DOGS
GIRLS FIRST
GOD IS GREATER THAN GOOD – I’m not entirely sure what this means.
GROCERIES – It’s clothes hand-dipped in vegetable dyes, which … kind of makes sense?
HI MY NAME IS MARK – Sorry, guys named Mark!
HIT IT LIKE AN IRISHMAN – This appears to be a golf thing.
HOLE – Owned by the rock band.
HUSTLERS MINDSET – Oh yay, another entry for the “Hustle” section.
LAUNDER
LINEAR – Feels like this is the most common single-word marks I’ve ever had in a week, and we’re only up to L.
LIPSTICK AND A – Yeah, it’s one of those where they’re adding more words. See below!
LITTLE & LOVED
LIVE LIFE FAST
LOCALS ONLY
LOVE TO DREAM
MATCH MY VIBES – We have over 40 marks with “vibe” in them. Maybe it’s time to make a VIBES section.
MODERN MAGE
NAUTI BY NATURE – Oh dear, I’ve seen quite a few designs of this phrase out there.
NEVER SETTLE FOR AVERAGE
NOMO FOMO MOFO
RAE DUNN – But you weren’t using her name anyway, RIGHT?
SALTY FISHERMAN
STAY POSITIVE LIVE HAPPY GIVE MORE
TENNISSEE – Covering tennis clothes, get it? Get it?
TOBOGGAN
VEGAS AS FUCK – If ever there was a U.S. city that would spell it out…
VITAMIN SEA – Argghhh, I’ve seen a TON of designs of this phrase out there!
YOU DID NOT WAKE UP TODAY TO BE A WEAK ASS BITCH [Supplemental]

 


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 AMENDMENT USA
3/5
ARCADIA
ATHLETE UNDER CONSTRUCTION
BABY SPANISH
BE BUENO
BEETS DON’T KALE MY VIBE
CAMP & CABIN
CAN’T DIMMER MY SHIMMER
DAYDREAM NATION
DEFCON
EXPERIENCE GREATNESS
FUELED BY FAITH * [removed from spreadsheet]
GET AMERICA STONED AGAIN
GOD FAITH FAMILY
GOD IS DOPE. * [removed from spreadsheet]
GOD LUCK
GOT BIRDS?
IRONMEN
LADYLICIOUS
LOVE IS INSANITY
MASTODONS
MY COASTAL LIFE
MY PEOPLE!
PLUG LIFE
PUNT, PASS & KICK
REFUSED
RUNNING FOR TWO
SWEAT = FAT CRYING * [removed from spreadsheet]
SWEATING FOR TWO
TRAINING FOR TWO
VINYL AND CHILL
YES WE CANNABIS * [removed from spreadsheet]
YOGA FOR TWO

 


PART 1-B: SPECIMENS OF NOTE

Today, I’m all about the new mark LIPSTICK AND A. It took them four tries to submit specimens that the USPTO would accept. So let’s take a look at the earlier ones, versus one of the ones that made it:

The first ones were mostly screenshots from their store, where the brand is indicated as “SBDNC Apparel,” and the ornamental designs on the garments include additional words:

Specimen for the trademark LIPSTICK AND A.

 

Specimen for the trademark LIPSTICK AND A.

What did they finally end up with? Three images that are all pretty similar to this one. The ornamental phrase on the shirt is the same. The hang tag still shows the brand as SBDNC Apparel. But the hang tag says that this is part of their “LIPSTICK AND A” collection. So I guess if you want to get technical, as long as you don’t name a collection “LIPSTICK AND A,” you can still create designs of these ornamental phrases. But you and I both know, they’re going to go after anyone & everyone who’s using “LIPSTICK AND A” in a larger phrase. [eyeroll]

Revised specimen for the trademark LIPSTICK AND A.

 

 


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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