Funky Marks

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CESI Orange Scent #Trademark

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.


“Winglish” Sound #Trademark

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 Motion #Trademark


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.


Old Spice Whistle #Trademark

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:

86168455 PG Whistle

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

The Hog Call #Trademark

The University of Arkansas has successfully claimed acquired distinctiveness of a crowd cheering “”Woooooooo. Pig. Sooie! Woooooooo. Pig. Sooie! Woooooooo. Pig. Sooie! Razorbacks!”.  Overcoming an initial rejection, the University submitted a substitute specimen, along with evidence of continuous and exclusive use for at least 5 years preceding the application.  In particular, they submitted a list of articles under the heading “20 Plus Years of Articles on the Hog Call”.  The substitute specimen consisted of:

a video of former University of Arkansas Athletic Director and coach Frank Broyles leading University of Arkansas Chancellor David Gearhart, current Athletic Director Jeff Long, members of the University of Arkansas Board of Trustees, other University officials, and University employees and students, including cheerleaders, leading a crowd in the “Calling of the Hogs” (“The Hog Call”) at the dedication of the statue of Coach Broyles in front of the Frank Broyles Athletic Complex on the campus of the University of Arkansas, Fayetteville, on November 23, 2012.

Woooooooo. Pig. Sooie!

Sleep Train Motion #Trademark

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


Storage Wars Victor: #Trademark Partially Denied

I previously reported on Victor ‘s trademark application for the catch phrase “RIGHT HERE”.

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.

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