Funky Marks

Clorox has filed a trademark application for the following sound:

As described in the application, “the mark consists of 6 piano notes.”

It will be interesting to see how they use this mark with their bleach products.  Check out https://www.clorox.com/bleach-as-an-ingredient/

Credit: Redit

http://i.imgur.com/fDGeccJ.jpg

The Colgate-Palmolive Company has filed a trademark application for the above sound used in connection with dental and oral care products such as toothpaste, mouthwash and toothbrushes.

In particular the mark consists of:

a sequence of 5 notes in the key of Bb Major – the range is from a 4th below the tonic to a M3rd above. The notes are F, G, up to D, down to G, up to Bb. The sequence of notes in the scale are 5, 6, 3, 6, 1 and the mnemonic resolves clearly on the 1 (tonic)

An Office Action was issued objecting to the description of the mark because it referred to more than one rendition of the mark – specifically, the description indicated that the mark can be transposed into any key.  However, marks are required to depict a single rendition only.  The application was therefore amended to include the description above, and remains pending.  Click here for further details.

Barrie Eget has filed a trademark application for the spoken words “IT’S TIME TO THROW DOWN”.

The specimen provided with the application:

More information on ring-side announcer Barrie Eget can be found here.

Let’s Get Ready to Rumble LLC has filed a trademark application for the sound of Michael Buffer’s famous phrase “Let’s get ready to rumble!”  The mark as filed:

The applied-for services are:

Advertising and promoting the goods and services of others rendered by live announcements and via pre-recorded audio, video and electronic media, namely, radio, television, motion picture films, motion picture trailers, videotapes, CD’s, the global computer network, computer software and other electronic disks, namely, laser, CD-ROM, and DVD, at or in connection or association with sporting, entertainment and cultural events

The USPTO is ready to rumble – a recent Office Action has rejected the specimens proving use of the sound mark.  In particular, the Office contends that the specimens show use of the sound mark in connection with entertainment in the nature of a live announcer for sporting events, in International Class 41, rather than with advertising and promotion of goods and services, in International Class 35.  The specimen:

According to Wikipedia, Mr. Buffer has Buffer uses his famous phrase in various licensing deals including music albums, video games, and commercials.

magicJack LP has filed for the following sound mark:

The application defines the sound as:

a three eighth-note melody, starting on an E followed by two repeated B’s. The melody is played by a mix of synthesized keys, glockenspiel and celeste sounds, and is accompanied by pizzicato strings. The accompanying pizzicato string line is an ascending, three eighth-note arpeggio; starting on an E (2 octaves below the melody) followed by a B (a fifth above) and ending on a B (an octave above the penultimate)

The glockenspiel is always a good call.  Further details here

The University of Texas has registered the above image for t-shirts, stickers and decals.

Rock-n-Roll anyone?  Wikipedia Sign_of_the_horns The number of related hand signals for horns, and varied uses by many universities, is rather interesting.

USPTO Trademark Details

CESI Chemical Inc. has filed a federal trademark application for the scent of oranges, as applied to its chemical additives for fracturing fluid used in oil and gas wells.  Two vials of a clear liquid having an orange scent were submitted as specimens.

http://tsdr.uspto.gov/#caseNumber=86293496&caseType=SERIAL_NO&searchType=statusSearch

Roosters has filed for the sound “winglish”, for restaurant and bar services, submitting the following as its mark:

A search on YouTube reveals the corresponding commercial:

ST San Diego, LLC has filed for the above motion trademark, namely:

an animal paw pressing an imprint of the paw print upon memory foam and lifting the paw to show the imprint.

The identified services are:

Retail store services featuring mattresses, pillows, bed bases and foundations, bed sheets, mattress protection and topper accessories, sleep accessories, namely, sleep masks, convertible beds, bed headboards and bed footboards.

Procter & Gamble has filed for the above sound trademark, as applied to the goods of antiperspirants, deodorants, soap, body sprays and washes, cologne, hair products and shaving preparations.  In particular, the mark consists of:

a whistled tune comprising of the following notes: A3 sixteenth note, A3 sixteenth note, B3 eight note, D4 eighth note, C#4 eighth note, E4 sixteenth note, F#4 sixteenth note, D4 eighth note.

To support the description, the following sheet music was submitted:

For the lovers of this tune, you can download it (and others) as a ringtone here.

The Sleep Train Inc. has applied for the above motion trademark, namely:

a bed sheet moving across the screen from right to left covering the screen

The mark is for retail store services featuring mattresses, pillows, bed bases and foundations, sleep accessories and the like.   The applicant’s website is http://www.sleeptrain.com/

I previously reported on Victor ‘s trademark application for the catch phrase “RIGHT HERE”.  https://funkymarks.wordpress.com/2013/08/29/victor-from-storage-wars-catch-phrase-trademark/

The Trademark Office has rejected the application for the television-related services as not being source-identifying, but has not rejected the services of “Entertainment in the nature of live radio personality performances.”  In particular:

The applied-for mark, as shown on the specimen, does not function as a service mark because the specimen consists of a portion of a television show with a character on the show saying the phrase, “right here” as dialog.  Because the specimen shows a person saying the phrase as dialog, consumers would view the sound as dialog occurring in the course of the show, and not as a source-indicator for the television show.

While he can submit a different specimen or amend the services, the rejection seems sound.  Maybe the services should be auction bidding services (for others?), or television entertainment services, namely, television programs featuring performances by Victor.

The video above is the specimen submitted by Twentieth Century Fox in its application to register the memorable orchestral sound for motion pictures.  As specified in the application, the mark consists of

nine bars of primarily musical chords in the key of B flat; the chords consisting of four, eighth and sixteenth notes.

The first Office Action objected to the goods of “pre-recorded CDs/DVDs featuring action, adventure, comedy, drama, children’s entertainment” as requiring more specificity.  The action requested 20th Century more clearly identify the subject matter these DVDs, and CDs, e.g. whether they were for motion pictures, television shows, or soundtracks thereof.

eBags, Inc. has filed two trademark applications for the product configuration of its luggage and carrying case inserts, namely the three-dimensional design of a travel packing cube.

Check out the product here.

USPTO info:

http://tsdr.uspto.gov/#caseNumber=86078603&caseType=SERIAL_NO&searchType=statusSearch

http://tsdr.uspto.gov/#caseNumber=86078590&caseType=SERIAL_NO&searchType=statusSearch

Starbucks has filed for the above-sound, namely “a series of musical notes ending with the sound of a bubble popping”.

Further details available here: http://tsdr.uspto.gov/#caseNumber=86067952&caseType=SERIAL_NO&searchType=statusSearch

http://tsdr.uspto.gov/#caseNumber=73678527&caseType=SERIAL_NO&searchType=statusSearch

http://tsdr.uspto.gov/#caseNumber=73678528&caseType=SERIAL_NO&searchType=statusSearch

Law360 Article: http://www.law360.com/ip/articles/471161?nl_pk=556a551e-00d7-4a1d-819e-9f40e379ef22&utm_source=newsletter&utm_medium=email&utm_campaign=ip

Turner Broadcasting has filed an application for the above sound mark for entertainment services, namely:

two quarter notes followed by 4 eighth notes. The first quarter note is a C followed by a second quarter note of a D. The eighth notes are then an E, a G, a B, and a C in consecutive order. This defining melody is the sound of a human whistling. The last 8th note played is accentuated with a female vocalist singing a scooped G over the whistled last C note . Further instrumentation includes an acoustic guitar playing a C chord over the last note layered with a bass instrument. The logo is accentuated with percussion bounces and a percussion run to match the animation. The percussion sound is similar to striking a coconut shell with wood mallets.

Careful striking coconut shells with wood mallets.

BlackRock Index Services has applied for trademark protection on the above animation for various financial and investment services.  The mark consists of:

a dynamic motion mark where the literal element “C”, in white, is superimposed above and surrounded by five (5) elliptical shaped “orbits.” The orbits are translucent and are (i) green, (ii) dark blue, (iii) light blue, (iv) blue, and (v) turquoise. The orbits rotate around the “C” with one end of the orbit always on the “C”, rotating from a fixed position, and the other end extending outward therefrom.

It appears this is related to their new product CoRI™: Your Pre-Retirement Guide. More information on CoRI is available below.

http://www.blackrock.com/cori-retirement-income-planning?cmp=cori&chn=hpbanners&c=ishares&pt=false&exitTrackingFlag=false

Microsoft has also applied for the above sound as used with computer software and communication services.  The mark consists of:

a sequence of sounds in a repeating two-measure pattern in four-four time at a tempo of 128 bpm. On the first beat of the first measure of the two-measure pattern is an accented quarter note sounded by a low-pitched synthesized bubble sound. Every beat of the two-measure pattern has a steady quarter note sounded by a high-pitched synthesized bubble sound. On every beat of the mark there is a steady syncopated thumping percussive pulse of dotted eighth note followed by sixteenth note, with accents on each dotted eighth note. A first synthesizer voice has a clear tone with echo effect and plays the two-bar pattern as eighth rest, Eb4 eighth note, sixteenth rest, Bb4 dotted eighth note, Eb4 quarter note, quarter rest, eighth rest, Bb4 eighth note, eighth rest, D4 eighth note, Bb4 half note. A second synthesizer voice has a wheezy flute tone and plays the two-bar pattern as three beats of rest, Gb4 eighth note, Db5 eighth note with staccato, three beats of rest, Bb4 eighth note, Eb4 eighth note with staccato.

Funky.

http://tsdr.uspto.gov/#caseNumber=86018805&caseType=SERIAL_NO&searchType=statusSearch

Microsoft has applied for the above sound as a trademark for computer software and communication services.  In a detailed description:

The mark consists of a sound sequence in four-four time lasting two seconds, starting with a whoosh sound on the upbeat that is held for one and three-quarters beats, after the first half beat of which a low-pitched synthesized bubble sound is struck as a quarter note and at the same time a first synthesized bowed-string sound starts on F#3 and makes a glissando up to F4 with crescendo over three beats. After the first three-quarters of a beat of the whoosh sound, a second synthesized bowed-string sound starts on C#3 and makes a glissando up to F#4 with crescendo over two and three-quarters beats. A staccato high-pitched synthesized bubble sound is struck as a quarter note on the first beat following the glissando.

I don’t recognize the sound; is this a new/prospective startup or shutdown sound?

Details: http://tsdr.uspto.gov/#caseNumber=86018809&caseType=SERIAL_NO&searchType=statusSearch

The University of Arkansas has applied for the above sound trademark, for the services of providing collegiate athletic and sporting events.  In particular, the mark consists of:

a collegiate cheer which consists of the following words: Woooooooo. Pig. Sooie! Woooooooo. Pig. Sooie! Woooooooo. Pig. Sooie! Razorbacks!

Here is their specimen:

I expect to see many more collegiate cheers and fight songs registered in the future.  On that note: GO BLUE!

Bison Baseball of Buffalo, New York has applied for trademark protection on three of its mascots, shown above.

The marks consists of:

• a red atomic chicken wing mascot with black arms and legs, red tongue with yellow flames, yellow eyebrows, white teeth and green, white, and black eyes.

• an orange colored chicken wing mascot with black eyebrows, smile, arms, and legs, with orange, black, and white eyes, and white teeth.

• a green and white celery stalk with black leaves, arms, and legs, and blue, black, and white eyes and white teeth.

Go Bisons!  http://www.milb.com/index.jsp?sid=t422

SDI Petroleum has filed an application for the above-design for retail store services featuring convenience store items and gasoline.  In particular:

The mark consists of the shape of the building from which the listed services are provided. The mark is three-dimensional and has a rectangular shaped tower extending above the roofline on the left side of the building and a tower centered in the front of the building, which serves as the entrance. The tower centered in the front of the building has a diagonal shaped top.

Details: http://tsdr.uspto.gov/#caseNumber=86016696&caseType=SERIAL_NO&searchType=statusSearch

Samsung has obtained registration on the Principal Register for the above-sound.  In particular:

The mark consists of the sound of a bell playing a B4 dotted eighth note, a B4 sixteenth note, an F#5 sixteenth note, a B5 sixteenth note, an A#5 eighth note, and an F#5 half note.

The submitted specimen from the Galaxy SII is below

Potentially #trademark material, UCF has installed a new basketball court reminiscent of the “blacktops of neighborhood playgrounds or streets”.   “The black stain gives the floor a unique quality while allowing the overall design to stay clean and simple.”

http://www.ucfathletics.com/sports/m-baskbl/spec-rel/062413aad.html