Friday, January 23, 2009

Trademark Registration Denials

Likely reason why trademark registration would be denied for the following:

Our text describes grounds upon which a trade mark would not be suitable for registration.First, if it is the name or surname of person living or dead within the last thirty years. Second, if it is "clearly descriptive" or "deceptively misdescriptive" of quality or use or character in either of the two official languages. Third, if it is already in use in describing a product in other languages.

A wants to register the name of his new floor cleaner - Once-A-Week - as a trademark.

This might infringe upon the terms of "clearly descriptive" or "deceptively misdescriptive" of quality or use or character of the floor cleaner. As in, this cleaner may not fit the required floor cleaning standards of health and hygiene in most Canadian food service industries or commercial kitchens. It may misrepresent the concept of cleanliness and lead buyers to assume that cleaning the floors once a week is sufficient.

B is awaiting determination on her trademark application for KOHI (pronounced ko hee) for coffee beans.

This may very well be already used to describe a product in a third language most likely in Japan. It is related to an ice coffee product in Japan.

"Bathrobe's Chinese, Japanese & Vietnamese Writing Systems"

C intends to market portable outhouses with the trademark "Here's Johnny" and seeks trademark registration. C has no permission from Johnny Carson, the TV personality.

Anything relating to Johnny Carson might infringe upon an expression which may be trademarked and associated with Johnny Carson who lived and died within the last fifty years. Johnny Carson agreed in an actual case argued and decided in 1982-1983 where Carson Productions lost. "On the right of privacy and right of publicity theories, the court held that these rights extend only to a "name or likeness," and "Here's Johnny" did not qualify."

"John W. CARSON, d/b/a Johnny Carson, an individual, and Johnny Carson Apparel, Inc., a corporation, Plaintiffs-Appellants, v. HERE'S JOHNNY PORTABLE TOILETS, INC., a corporation, Defendant-Appellee. No. 80-1720.United States Court of Appeals, Sixth Circuit."

D, who is proud of the multiracial hiring practices of his franchise operation, has decided to pursue trademark registration of "United Nations Dry-Cleaning."

This would conflict with "clearly descriptive" or "deceptively misdescriptive" of quality or use or character of the dry cleaning services as customers might confuse the general assembly with laundered products. It might also be confused with UNITED NATIONS Disengagement Observer Force or UNDOF which is an actual procurement agency of the UN which already provides laundry & dry cleaning services as UNDORF.


E is an all-Canadian producer who wants to register the trademark "Bermuda Body Beauty Gel" for her new moisturizer.

This trademark may already be taken particularly by Michael Kors, a leading American designer of apparels and fragrances and an entire line of "Island Bermuda" body gels and creams available at department stores such as Bloomingdale's and Macy's. "Bermuda Body Beauty Gel" might infringe upon the terms of "clearly descriptive" or "deceptively misdescriptive" of quality or use or character of the product and might infringe upon "Michael Kors Bermuda Body Lotion" which is already in use.

"Michael Kors Website"

"Michael Kors Bermuda Body Lotion 5.0 oz."

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