Twentieth Century Fox Files Multiple Trademark Applications for Golden "E"

On August 5th, Twentieth Century Fox filed 16 federal trademark applications for the golden letter "E" below. The logo is described as a "stylized letter E in gold with an image of the vinyl player" in the applications.

Each application contains different goods or services that Twentieth Century Fox plans to market under this logo (based on the applications, they are not doing so currently). These goods and services range anywhere from online retail store services featuring fashion accessories to tobacco and cigars, alcoholic beverages, clothing, Christmas ornaments, toys, household items, toiletries, candies, energy drinks, and much more.

The above accessories and goods seem to be related to an application filed by Twentieth Century Fox on the same day for 

Pre-recorded DVDs featuring drama; pre-recorded CDs featuring drama and musical performances; downloadable audio and video recordings featuring drama; downloadable television shows and video recordings featuring drama[.]

It's not clear what Twentieth Century Fox is planning for this stylized "E" but the expansive degree of trademark protection sought for this logo suggests those plans may be big. Stay tuned.

EMOJI CARDS - Charades and Emojis Meet in Recent Trademark Filing

In a sign of the times, a federal trademark application for EMOJI CARDS was filed by Spicy Doodles Gaming, Inc. in Long Beach, California on August 3rd.

The goods listed on the application are

Collectable trading cards; Educational publications, namely, educational learning cards, flash cards, activity cards, workbooks, textbooks, activity books, story books, puzzle books, printed puzzles, teacher guides, manuals, posters and educational booklets in the field of symbols; Picture cards; Trading cards; Card games; Educational card games; Game cards; Playing cards; Playing cards and card games; Trading card games; Trivia game played with cards and game components[.]

According to the game's Kickstarter page, the point of the game is to "[u]se cards of your favorite emoji to get your team to guess pop culture clues." What a time to be alive.

Will the game be successful? According to the Kickstarter page, the game raised over $20,809 from 251 people in less than a month. Apparently even Mark Cuban tweeted about it.

If you were thinking about making your own "Emoji Cards" game related to any of the goods listed above, your time may have passed.

Konami Gaming Files Trademarks for Line of Slot Machines

On August 1st, Konami Gaming, a Las Vegas based provider of casino gaming machines, filed 20 different federal trademark applications related to slot machines (equating to a $4,500 investment in filing fees). All the applications, except CELTIC TREASURES, were filed as intent-to-use applications. This means Konami Gaming is not yet using these names in commerce but has a bona fide intention to use them in the near future.

If Konami Gaming is successful in obtaining registrations for these marks, no other person or entity will be able to use similar names on goods related to slot machines without risking infringement.The names Konami Gaming filed are:

1. Celtic Treasures;
2. Freya's Magic;
3. Premium Pays;
4. Ultra Reels 972 Ways;
5. DynamicDash;
6. Rhino King;
7. Fabulous Goddess;
8. Wild 3X Wild;
9. Safari Stacks;
10. Wings of the Phoenix;
11. Wheel of the Imperial Eggs;
12. Samurai Strike;
13. Martial Arts Lady;
14. Golden Power Ingots;
15. Warrior Reloaded;
16. Festival of Riches;
17. Overflowing Stacks;
18. Great Wilds Spinnin';
19. Glittering Stacks; and
20. China Shores Jackpot.

These machines may be making an appearance in your local casino soon. Good luck!

REALLY BAD RUM CAKE Really Good Trademark?

On July 31st, a Massachusetts corporation called Doc Brown Enterprises, Inc. filed a federal trademark application for REALLY BAD RUM CAKE as it relates to, quite simply, "cakes." The applicant isn't using the mark yet, but has an intention to do so in the near future.

This is either a great trademark or a not so great trademark, depending on the quality of the applicant's cakes. Section 2(e)(1) of the Trademark Act prohibits registration on the Principal Register of new trademarks that are "merely descriptive." Section 1209.01(b) of the TMEP states that a mark is considered merely descriptive "if it describes an ingredient, quality, characteristic, function, feature, purpose, or use of the specified goods or services."

On the other hand, arbitrary words and phrases are great trademarks. Section 1209.01(a) of the TMEP defines an arbitrary mark as a mark that "comprise[s] words that are in common linguistic use but, when used to identify particular goods or services, do not suggest or describe a significant ingredient, quality, or characteristic of the goods or services..."  

So, depending upon whether the applicant's cakes are really good or really bad, the filed mark either describes a quality or characteristic of the specified goods (making it merely descriptive) or does not describe a quality or characteristic of the goods (possibly making it arbitrary). At any rate, it is a perplexing (or genius?) marketing choice by the applicant.

So which is it? I guess we need to wait and taste the applicant's goods to find out.

1/19/2018 - turns out, I recently had the opportunity to try the applicant's rum cake! Despite the name, it is not "Really Bad" but in fact really good. Guess it isn't merely descriptive after all...

Travel Agency Files CECIL THE LION Trademark Application

Capitalizing on the recent buzz surrounding the killing of Cecil the Lion in Zimbabwe, Exclusive Adventures, Inc. (also appearing to do business as Adventures Croatia) filed a federal trademark application for CECIL THE LION on July 30th in four different classes for charms, t-shirts, plush toys, and charitable fundraising services for conserving wildlife.

The only class in which the applicant claims to be currently using the mark is the class containing charitable fundraising services for conserving wildlife, for which it submitted several screenshots from a website it set up soliciting donations (pictured below).

If Exclusive Adventures, Inc. is successful in obtaining its trademark, it will have the exclusive, nationwide right to use the term CECIL THE LION in conjunction with the sale of charms, t-shirts, plush toys, and charitable fundraising services for conserving wildlife.

This is not the only application for CECIL THE LION filed on July 30th. Another company called i-Star Entertainment filed an application for t-shirts and toys, among other items. This application did not list a basis (intent-to-use or currently using) but nonetheless met the requirements for obtaining a filing date under 37 CFR 2.21(a) and TMEP 202.

According to TMEP 1208.01(b), if two conflicting applications have the same filing date, the application executed the earliest will have priority. In this case, the i-Star Entertainment application gets priority. It was executed at 11:58am EST while Exclusive Adventures' application was executed 6:56pm EST. It will be interesting to see how these two applications turn out.

Today's Tip for Saving Your Trademark Filing Fee - Avoid Descriptive Phrases

A unique and catchy phrase can serve as a great trademark for your business. However, a common laudatory phase does not. A federal trademark registration gives one a nationwide monopoly over the mark, so the law is drafted to avoid giving any one person or business a monopoly over certain phrases or words that everybody in an industry should be allowed to use (generic terms, many descriptive terms, common phrases, etc.).

Section 1209.03(s) of the Trademark Manual of Examining Procedure states "[s]logans that are considered to be merely informational in nature, or to be common laudatory phrases or statements that would ordinarily be used in business or in the particular trade or industry, are not registrable [as a trademark]." For example, the Boston Beer Company attempted to register THE BEST BEER IN AMERICA but was denied under this rule and Sections 1, 2, and 45 of the Trademark Act.

That leads us to a trademark filing on July 28th for REAL GOOD COFFEE as it relates to "coffee cups, teas, and mugs" and "coffee." The applicant had only been using the phrase since October 21, 2014.

When this application is reviewed by an examining attorney at the Trademark Office in approximately three months, I would not be surprised to see an office action finding this mark merely descriptive because this slogan is a common laudatory phrase. Had the applicant been using this mark for several years and really distinguished itself in the market, it might get away with this filing, but that is not the case. If this application registered, think about the result - no other person or business selling coffee or mugs would be able to use the phrase "real good coffee" without risking liability.

Notably, the applicant did not appear to work with an attorney in filing this application. A qualified trademark attorney could have pointed out the potential difficulty in getting this mark registered and saved the applicant's $450 filing fee (it filed in two classes at $225 each). In this case, the applicant will have difficulty overcoming a merely descriptive refusal and that filing fee is in serious jeopardy.

Bouquet of Beer? It Is As Amazing As It Sounds

Seeking to protect the name of its genius gift box idea, the Bouquet of Beer Corporation filed a trademark application on July 28th for the word mark BOUQUET OF BEER as it relates to "[g]ift boxes made of cardboard."

I wouldn't mind receiving this gift for my birthday. For those of you thinking of doing something similar, be careful. The Bouquet of Beer corporation did not limit the description of its goods to only gift boxes containing beer but rather submitted a broader definition of its goods. By doing so, the company secured protection from anything related to a gift box made of cardboard named something similar to "Bouquet of Beer." The company has been using this mark in commerce since June 2015.