First to File? First to Use? It’s Not the Same Everywhere! Thoughts on Trademark Strategy for Global Companies:

Trademarks are our jam at OG+S. This post is a short one about trademark strategy and what to think about if your brand has a global reach. First to Use: In the United States, we have a “first to use” system when it comes to trademarks. What that means is that the Company who uses … Read more

My, What a Nice Roof You Have!

pizza

Pizza Hut has my wife’s favorite pizza. Now, I’ve always loved “the Hut” – but I wasn’t a fan of the pizza until I met Kim. So, how can you love a pizza place but not really love its pizza? Its awesome trademark, obviously. Most companies utilize two flavors of trademark – a design mark … Read more

Stand for Something…or Fall for My Perfume

Speaking at the Deutsche Bank Global Consumer Conference, Unilever’s CEO Alan Jope said: “We believe the evidence is clear and compelling that brands with purpose grow. In fact, we believe this so strongly that we are prepared to commit that in the future, every Unilever brand will be a brand with purpose.”  That seems to … Read more

Duke vs. Duke – The Epic Trademark Battle That Never Happened

Alright everybody, file this one under: “Wow, he really likes video games and cartoons.” After my last fun post about Crazy Taxi, I got to thinking about two more great characters from my childhood – Duke Nukem (of Apogee \3d Realms fame) and Duke Nukem (Captain Planet’s radioactive nemesis). How could two identically named characters … Read more

Permission to Come Aboard

Lots of events have sponsors. Sometimes to be a sponsor, a company or individual pays a fee or provides in kind services. In return, the event or organization tells their audience who is supporting them in the endeavor. Sometimes, it is hard to tell when an entity is being supported by another. This always becomes … Read more

FUCT Marks are Allowed

According to statue, someone could not register a trademark if it “[c]onsists of or comprises immoral, deceptive, or scandalous matter; or matter which may disparage or falsely suggest a connection with persons, living or dead, institutions, beliefs, or national symbols, or bring them into contempt, or disrepute; or a geographical indication which, when used on or in connection … Read more

Is This Something?

Much like Letterman used to ask, “Is this anything?“,  clients often ask “Is this a trademark?” The answer to that depends on the answers to the following questions: Is whatever it is connected to the good or service being sold?  Will the customer see your product and the proposed mark together at the time they … Read more

Top Marks For Serving Goods

Companies use words, designs, logos, colors, sounds and smells to help customers find and remember the company’s wares.  If you want to buy a cold, caffeinated, carbonated beverage, you may choose a distinctively shaped bottle with cursive writing.  If you are looking for tax preparation services that has its own online software, you may choose … Read more