Monday, February 6, 2017

Outback Steakhouse Files Trademark Application for The Bloomin' Onion Man Costume

If you love Outback Steakhouse's Bloomin' Onion (which is a registered trademark itself, filed in 1989), you'll love this recent trademark application.

On January 31st, Outback Steakhouse of Florida, LLC filed a federal trademark application for the mark below, described as "a three-dimensional configuration of a costumed mascot character with human arms and legs and the body of fried onions on a plate wearing a hat in the form of a dipping sauce saucer. The wording 'Outback Steakhouse' appears thereon." In other words, the application does not cover words or a logo, but rather the costume itself (trademarks are not limited to words or logos).
Outback filed the application in Class 41 for "[e]ntertainment services in the nature of live appearances by a costumed mascot at college sporting events, promotions, charity events, special events and other performances."  According the application, Outback has been using this costume in commerce at least as early as September 21, 2013.
Earlier in January, Outback filed a different application for BLOOMIN' ONION MAN in standard characters (i.e., the words only) covering the same services in Class 41.

According to my quick search, Outback Steakhouse of Florida, LLC owns 92 live trademark applications or registrations at the U.S. Patent and Trademark Office.

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