Today's Tip for Saving Your Trademark Filing Fee - Don't File an NFL-like Logo

Any trademark attorney will advise you to avoid filing or using any trademark that resembles a professional sports team's colors, name, and/or logo. These leagues and teams are aggressive about policing their intellectual property and typically have trademark registrations for a variety of goods and services.

Unfortunately the applicant that recently filed a LOS ANGELES CHARGERS design mark did not appear to work with an attorney.

On October 17th, an individual in California filed a federal trademark application for the logo below as it relates to "[e]ducation and entertainment services, namely, production and distribution of ongoing television programs in the field of family management and relationships; Educational and entertainment services, namely, a continuing program about football games accessible by means of radio, television, satellite, audio, video, web-based applications, mobile phone applications, computer networks, etc."

I'm not even a big football guy and immediately recognized this logo as almost exactly resembling the San Diego Charger's logo. Undoubtedly the team and NFL will take notice as well, especially considering that the specified services are related to entertainment and football.

When this application is assigned to an examining attorney at the Trademark Office in approximately three months, that attorney will almost certainly issue an office action refusing to register the above mark due to its similarity with a previously filed San Diego Charger's mark. 

If for some incredible reason this application slips past the examining attorney, you can be sure the NFL will file an opposition or otherwise fight this attempted registration. Unfortunately for the applicant, this means his $275 nonrefundable filing fee, and any other money he spent on designing and marketing this logo, is almost certainly lost. This is another instance in which the applicant could have benefited from working with an experienced trademark attorney who would have recognized these issues right away and advised against this application.

Target Files 20 Trademark Applications For Possible New House Brand

On October 16th, Target Brands, Inc. filed twenty different trademark applications for the phrase MADE BY DESIGN. Target filed each application in a separate class of goods, which accounts for the large number of applications.

Some of the products filed in the twenty different classes include fresh fruit, nuts, and vegetables, jewelry, stationary, baked goods, clothing, bed, kitchen, and bath linens, furniture, carrying bags, kitchen utensils, and cosmetics.  

Is this a new house brand by Target? Maybe. Target filed all of the applications on an intent-to-use basis, which means the company is not yet using the trademark in commerce but has a bona fide intention to do so in the near future. While this might signal Target is going to release a line of products under this trademark, it also might only signal that it is one of the brand names the company is considering. Regardless, a new house brand by Target may be hitting stores soon.

CAP'N CRUNCH Files Sweet Trademark

The Quaker Oats Company, the division of PepsiCo that owns the CAP'N CRUNCH brand, recently filed a trademark for a sweet new take on the classic breakfast cereal. On October 15th, the company filed a federal trademark application for CAP'N CRUNCH DELIGHTS.

According to the trademark application, the Quaker Oats Company started selling these "delights" in July 2015. The application describes the product as " [s]weet dough-enrobed foods consisting of balls of dough with sweet fillings[.]" Look for them in a store near you.

Mackinac Island Creamery Attempts to Secure PECAN TURTLE FUDGE For Ice Cream

A Michigan ice cream shop recently filed a delicious trademark application related to ice cream. The Mackinac Island Creamery, which is apparently owned by the General Container Company, LLC, filed a federal trademark application for PECAN TURTLE FUDGE ice cream on October 11th.

Surprisingly, a very quick search did not reveal any other trademark applications containing pecan turtle fudge. Therefore, if the Mackinac Island Creamery successfully registers this trademark, they will essentially be the only company in the U.S. that can sell an ice cream called Pecan Turtle Fudge. According to the trademark application, the Mackinac Island Creamery has been selling Pecan Turtle Fudge since 2007. If you're in the area, check it out.

Today's Tip For Saving Your Trademark Filing Fee - Don't File Trademark for BURGER QUEEN

In questionable move, an individual in Puerto Rico filed a federal trademark application on October 9th for BURGER QUEEN as it relates to "[b]eef patties; [f]rench fried potatoes; [f]ried meat; [and] [b]urgers contained in bread rolls[.]" The applicant filed the application on an intent-to-use basis.

Does BURGER QUEEN remind you of another entity selling burgers and fries? If so, this trademark application is in serious trouble. 

Trademark laws are designed to prevent customer confusion regarding the source of a product and to prevent junior users from riding off the goodwill of more established senior users. To that end, Section 2(d) of the Trademark Act prohibits the U.S. Patent and Trademark Office from registering any mark that is confusingly similar to a previously filed mark. Although several factors are considered when determining whether two marks are confusingly similar, the analysis generally boils down to (1) the similarity between the marks and (2) the relatedness of the goods and services.

In this case, BURGER QUEEN is very, very similar to BURGER KING and the goods are exactly the same. Also, by last count there are approximately 88 previously filed trademark applications containing BURGER KING owned by the Burger King corporation. When the BURGER QUEEN trademark application is assigned to an Examining Attorney in approximately three months, that attorney will almost certainly issue an Office Action refusing to register this mark due to the many previously filed BURGER KING applications.

Surprisingly, the applicant used an attorney to file this application. Because trademark filing fees are nonrefundable (and due to infringement issues), an attorney should always conduct a clearance search before filing an application to account for issues like the above. Whether a search was done in this case is unclear, but it is clear that the applicant's $450 filing fee (and whatever fee it paid its attorney) has been wasted.

New Freddie Mac Logo? Mortgage Giant Files Design Trademarks

Mortgage giant Freddie Mac may be in the processing of implementing a new logo based on a recent trademark applications filed by the organization. On October 8th, the Federal Home Loan Mortgage Corporation filed a federal trademark application for the design below as it relates to "financial and real estate services in the field of mortgage loans and mortgage-backed or mortgage related securities[.]" 

Although the color scheme is similar, this mark is a departure from the current logo displayed on Freddie Mac's website. 

The mark above was also filed by Freddie Mac on the same day for the same services. The intent-to-use basis of these applications (meaning Freddie Mac isn't using them yet), and the fact that I could not find these designs anywhere on the internet, signals that Freddie Mac is in the process of re-branding.

Freddie Mac's strategic use of intent-to-use based trademark applications allows the organization to secure priority in mark before it is even being used. These applications are permissible and lawful as long as Freddie Mac had a bona fide intention to use the marks in the near future prior to filing. Keep an eye out for a logo change by Freddie Mac soon.

St. Louis Blues File Trademark for HEARTLAND OF HOCKEY

According to the St. Louis Blues, the Heartland of Hockey is located in St. Louis, Missouri. On October 7th, the NHL team filed a federal trademark application to maximize its legal rights in that phrase.

The team filed this intent-to-use trademark for professional hockey services and a variety of hockey related merchandise. If this application matures to a federal registration, the St. Louis Blues will be the only hockey team that can use the HEARTLAND OF HOCKEY phrase. Because this application is an intent-to-use application, the Blues will need to file a Statement or Allegation of Use showing use of this trademark in commerce before a registration can be issued by the U.S. Patent and Trademark Office.

That Allegation of Use might be coming sooner rather than later, however. The team is already putting the phrase out there as part of its push to host the 2018 World Juniors Championships. This trademark application follows an announcement in mid-September that St. Louis is one of the three finalists to host the World Juniors Championships. Buffalo and Pittsburgh are also still in the running.