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Showing posts from June, 2009
Any Requests?

I've slowed down a bit in my blog posting lately because work is a bit busy. I fully intend to continue the International Classification train but I thought it'd be a good idea to devote a post for requests.

Are there any of the trademark classes you'd like to know more about? If so, please comment with any questions.

Thanks! I'll be back soon!
Trademark International Class:
Class 5 (Pharmaceuticals)


All goods or services are categorized within International Classes (IC hereafter). Goods run from classes IC 1-34, while Services are in IC 35-45. Please see a complete chart here. Let's take a closer look at one of these trademark classes – class 5.

What is International Class 5 All About?

Each class has a short title heading that gives a snapshot of what that class is all about -- IC 5's short title is pharmaceuticals. But, as with anything trademark, there's more to it than that. The USPTO has 955 accepted descriptions that fit into IC 5; check them out here.

This class contains within it all the normal items you think of when you hear the word pharmaceuticals – antibiotics, antivirals, aspirin (which used to be a trademark), decongestants, etc. But within this class there also exists other items that have to do with medicating or healing or disinfecting.

If something is anti, it likely resides within class 5 – antibio…
Trademark International Class:
Class 3 (Cosmetics and cleaning preparations) All goods or services are categorized within International Classes (IC hereafter). Goods run from classes IC 1-34, while Services are in IC 35-45. Please see a complete chart here. Let's take a closer look at one of these trademark classes – class 3.

What is International Class 3 All About?

Each class has a short title heading that gives a snapshot of what that class is all about -- IC 3's short title is cosmetics and cleaning preparations. But, as with anything trademark, there's more to it than that. The USPTO has 995 accepted descriptions that fit into IC 3; check them out here.

Cosmetics of almost all kinds are to be listed in class 3. Now this includes cosmetics in the truest sense of the word (e.g. mascara, lipstick, etc.) but also includes lotions, creams, shampoo & conditioner, perfumes, etc. Basically any non-medicated liquid, creams, powder, gel, etc. that you can apply to your body is g…
Explanation of the Trademark International Classification System


Filing a name, logo or slogan is not all about the mark itself but also what you're doing with it, i.e. your goods and/or services. All goods or services are categorized within International Classes (IC hereafter). Goods run from classes IC 1-34, while Services are in IC 35-45. Please see a chart here.

A Bit of History

On September 1, 1973 the USPTO adopted the international classification system as set forth by the Nice Agreement. Prior to that date, the USPTO used their classification system, which was long-winded to say the least.

For instance, let's say you wanted to file a name for clothing, shoes and hats – today you'd file it in 1 class, IC 25 but before 1973 2 classes were filed, 22 & 39. Another example – IC 16 (paper & printed materials) used to be divided across 8 classes, 2, 5, 22, 23, 29, 37, 38, 50. Suffice it to say, the IC system is far easier to wrap your mind around.

What are Goods?

As m…
Coca-Cola: Two New Trademarks

Coca-Cola filed 2 new trademarks this month. Let's take a look at both:

On June 8th, a name and logo was filed for bottles, waters, juices, soft drinks, energy drinks and most interesting, for educational services. The design is pretty neat and gives us some clues about the line.

Based on Coca-Cola's press release, the bottles will be made, in part, from plants. Later this year, Dasani and vitmainwater will be the first beverages to use these bottles. It also looks like there will be an informational site: " Web-based communications will also highlight the bottles' environmental benefits," which is likely where the educational services claim is going to come from.


Yesterday, an application for Whole Press Squeeze was filed for "fruit drinks and fruit juices." I wonder if Whole Press Squeeze will be inside of a plant bottle?

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The Imagineers are at it Again

On June 15th, Disney Enterprises filed 5 applications for Where Style Meets Story. The merchandising runs the gamut - from jewelry to clothing to bags & backpacks as well as bed linens and appropriately enough, sewing supplies and hair accessories.

Any guesses out there as to what this tag line might belong to? Possibly the newest Disney movie, The Princess and the Frog? Or something entirely different?

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Facebook Getting into the Trademark Game

Jonathan Handel wrote an informative piece about Facebook's new User Name Rights policy. Check it out at The Huffington Post here.

To register your trademark with Facebook, click here. Be sure to have your registration number handy.

And, yes I practice what I preach - TradeMark Express has been registered.

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Swine Flu in the Trademark World

The swine flu is still making news around the world. Any hot button topic in the news is, more often than not, quickly followed by trademarks. Check out these H1N1-tinged filings:


On May 27th, this logo was filed for a t-shirt line







Sixteen days earlier, this mark was filed, also for clothing, though I can say right now the USPTO is going to take issue with the wording in the goods description area.


So who gets it? Swine Flu Sucks filed first BUT Swine Flu! has claimed a first use date of May 12th. I'll revisit these marks in a few months once the applications have been reviewed. The decisions made by the USPTO will make for an enlightening post, I think.

Also filed in May were two marks by the health care products company, Novartis for "vaccines for human use." Swinflunov and Swineflunov certainly imply that they're connected, somehow, to the swine flu.

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NameMedia Partners with TradeMark Express

We here at TradeMark Express are pleased and excited to be offering premium domains through BuyDomain's premium domain name inventory. Check it out here. Read the press release at NameMedia's site here.

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Here Comes a New Font On June 1st, Apple filed a Federal trademark for Menlo in International Class 9, specifically for "typeface fonts recorded on computer software." Typography fans are sure to be all over this whenever Apple decides to premiere it. MacNN noted that Apple also has a European Union filing for Menlo. A helpful comment on that post leads here.

I am not a typographic whiz at all. Anyone care to comment on how big a deal, if any, this is to the font world? Will it be the new standard? Or just one of many?

Recession Trademarks


You can always count on enterprising folks to take those proverbial lemons and turn them into lemonade, even in a recession. And with new enterprises come new trademarks. Check out the newest recession focused trademarks:

The Recession Cookbook

Anna Watson's blog The Recession Cookbook has been around since March 2nd of this year but on May 1st, she filed a trademark for the name for "on-line journals, namely blogs, featuring recipes and cooking tips." Congratulations Anna!

"you might be in a recession if..."

This future line of calendars was filed on April 15th aka Tax Day in the US. I'm betting that the applicant has plans for a more lighthearted, tongue in cheek take on the recession. And there's certainly nothing wrong with having a few laughs, especially when you're down.

The Great Recession

This play on the Great Depression was filed on April 6th for an eventual athletic apparel line.

Kudos to these enterprising folks and my best…
Filing a Trademark: Standard Characters vs Stylized/Logo

When filing a trademark, the USPTO gives you two options: Standard Characters or Specialized Form (Stylized and/or Design). Let's look at each one in detail and that should help you decide the best way to file for your mark.

As with any discussion about filing for a trademark, it is always assumed that you've done your due diligence and had comprehensive research conducted. That being said…

Standard Characters

This option is selected to register "word(s), letter(s), number(s), or any combination thereof, with no design element and when you are not claiming any particular font, style, size, or color, and absent any stylization or design element." In essence the USPTO is talking about plain text.

To qualify for this claim, the mark entered must fit within the standard character set. This includes letters and numbers but also some symbols, such as the ampersand (&), the dollar sign ($), the asterisk (*), etc.

To se…
Trademark Monitoring

After you've had your trademark application filed, it's absolutely necessary that you monitor your trademark in some way. The USPTO does conduct a search of their own files so if someone does file for a Federal trademark after your registration it typically is rejected. However, relying on the USPTO to protect your trademark is a mistake for several reasons.

First and foremost, the USPTO is going to operate by their guidelines, which are strict to an extent. However, they may not be strict enough for your own liking. Let's look at a real life example:

• Norcross Safety Products has a registered Federal trademark for Ladybug for "garden clogs and garden boots," which is in International Class 25, the clothing class

• TSP Fashion has a pending Federal trademark for Lady B. for clothing of all types in International Class 25 and specifically mentioned "shoes, sandals and slippers"

On the surface they look different except in looking at t…
Trademark a Name and Logo: Together or Separate?


Trademarks can be names of products or services, logos, slogans, packaging and even sounds and smells. In essence, a trademark can be almost anything that is used to identify a particular product or service. Registering a trademark grants the owner exclusive rights to the mark within the specified industry. Of course, it's necessary to research the mark comprehensively prior to filing to ensure that there is no possibility of infringing upon another party.

Let's assume you've done your due diligence, had comprehensive research conducted and your name and logo are legally available. The next step is filing for a Federal trademark.

Now when it comes to filing, a big question is should the name and logo be filed together or separately?

This decision is going to depend on a number of circumstances, as with most things in the trademark world. Let's take some time to go through a few different scenarios:

1) Your comprehensive tra…