NameSilo

"Brandable" is a trademarked word now. Sorry folks.

Labeled as news in Legal Discussion started by Beezy, Jul 14, 2018.

Replies:
15
Views:
920

  1. Beezy

    Beezy Active Member VIP

    Posts:
    4,671
    Likes Received:
    2,053
    The views expressed on this page by users and staff are their own, not those of NamePros.
  2. Keith DeBoer

    Keith DeBoer Active Member PRO VIP

    Posts:
    2,312
    Likes Received:
    4,741
    https://www.bloomberg.com/research/stocks/private/snapshot.asp?privcapId=552020838

    Company Overview
    Brandable, Inc. offers brand building services including, influencer acquisition and brand management for consumer products. The company caters to the toys, wellness, and food and drink sectors. The company was founded in 2017 and is headquartered in Los Angeles, California.

    7381 Beverly Boulevard

    Los Angeles, CA 90036

    United States

    Founded in 2017

    Phone:

    310-765-4300



    www.brandablela.com



    Key Executives For Brandable, Inc.
    Mr. Oliver Bogner
    Founder, CEO & Board Member

    Mr. Jonathan Bogner
    CFO & Board Member

    Mr. John P. McCarvel
    Chief Operating Officer
    Age: 61

    Ms. Cindy Perry Bogner
    Vice President of Business Affairs & Human Resources
     
  3. Weber

    Weber Active Member VIP ★★★★★★★★★★

    Posts:
    873
    Likes Received:
    369
    From the primary USPTO office action:

    "Registration is refused because the applied-for mark merely describes a feature of applicant’s services."

    Evidently, the tm office changed their mind after receiving a formal response to the office action from the applicant's rep.

    However, the tm office doesn't seem to give a detailed explanation for the decision to ultimately register the trademark.
     
  4. pokainc

    pokainc Top Member VIP ★★★★★★★★★★

    Posts:
    2,583
    Likes Received:
    2,380
    That's just crazy.. it's an adjective and / or a generic term and in use way before 2017 when they were supposedly founded.. they didn't invent it or the term didn't get popular due to their company that relatively no-one has heard of. Makes no sense. Let them legally challenge any of this.

    What's next TM air and love and food and a bunch of other common words, soon you have to pay to talk or invent a new language.
     
    Last edited: Jul 14, 2018
  5. sella.ca

    sella.ca Established Member

    Posts:
    54
    Likes Received:
    27
    A TM protects a word in certain "wares" or design; in this case it appears to be " toys, wellness, and food and drink" wares. Using it in the context of domains should be fine and not actionable.
     
  6. Weber

    Weber Active Member VIP ★★★★★★★★★★

    Posts:
    873
    Likes Received:
    369
    Subject tm registration shows Goods and Services as:
    Class 35: Business consulting in the consumer products industry.
    Service Mark First Use 10-1-2016; In Commerce 10-1-2016
     
  7. sella.ca

    sella.ca Established Member

    Posts:
    54
    Likes Received:
    27
    Thanks for digging a little deeper :) If you're not in the business consulting world for consumer products, then use "brandable" at will :)
     
  8. DomainVP

    DomainVP Domain Expert VIP

    Posts:
    3,335
    Likes Received:
    12,046
    That was an office action, however they responded to it and got the registration.

    Here is their certificate awarded July 10th.

    http://tsdr.uspto.gov/documentviewer?caseId=sn87571381&docId=ORC20180624035357#docIndex=0&page=1

    "Brandable" is indeed a registered trade mark.

    In case you want to see what "Magic" the lawyer had to produce to get this approved, watch this razzle dazzle:

    "In summary, the applied-for terminology BRANDABLE is an anomalous combination which is incapable of precise definition or understanding. Just as with the above marks, the applied-for terminology BRANDABLE does not precisely describe the services that are connected with the mark, causing a consumer to draw on his or her own perception and imagination to make a connection. Thus, because the connection between the applied-for mark BRANDABLE and the services connected with the mark is not immediately obvious and clear, BRANDABLE is suggestive, registrable and is not merely descriptive. Accordingly, applicant respectfully requests that the descriptiveness refusal be withdrawn and submits that the present application is in condition for registration on the Principal Register and requests that the Examining Attorney approve it for such."

    Well played sirs & madams.
     
    Last edited: Jul 15, 2018
  9. karmaco

    karmaco Active Member VIP

    Posts:
    1,283
    Likes Received:
    2,197
    It doesn’t mean they own the word. It means domains with word brandable in it should be avoided.

    They can’t control the word brand in entire sectors.
     
  10. Premiums

    Premiums find.ventures

    Posts:
    2,156
    Likes Received:
    1,284
    Thanks for the info
     
  11. stub

    stub Top Member VIP ★★★★★★★★★★

    Posts:
    22,313
    Likes Received:
    7,769
    So it's not clear for me. was the word "brandable" approved or not approved for a trademark, in the end. But it won't bother me if I've been holding "brandable" domains before their first use of their trademark. Provided I'm not infringing on their trademark? Correct or not?
     
  12. pokainc

    pokainc Top Member VIP ★★★★★★★★★★

    Posts:
    2,583
    Likes Received:
    2,380

    Where do you come up with your legal thesis. You're a legal scholar?
     
    Last edited: Jul 15, 2018
  13. pokainc

    pokainc Top Member VIP ★★★★★★★★★★

    Posts:
    2,583
    Likes Received:
    2,380
    I own TheBrandable.com and owned before their foundation and I used it before july 10 2018 for my site, email, business cards, twitter etc..

    Let them try!

    Whomever reversed the original decision and granted them a TM has alot of explaining to do. There's a reason it was denied in the first place. Power of one crazy decision.
     
    Last edited: Jul 15, 2018
  14. SirDrago

    SirDrago NAME JEDI VIP ★★★★★★★★★★

    Posts:
    3,466
    Likes Received:
    7,641
    File a lawsuit for trademark infringement ASAP to secure your "fair to use act" rights before its it's too late. Might cost you $3,500 but you can get that back under "damages".

    Let us know what happens.
     
  15. pokainc

    pokainc Top Member VIP ★★★★★★★★★★

    Posts:
    2,583
    Likes Received:
    2,380
    I don't mind co-existing for now. If they at some point decide to make it an issue, then I'll hit back.
     
  16. DomainVP

    DomainVP Domain Expert VIP

    Posts:
    3,335
    Likes Received:
    12,046
    Brandable is an approved trademark for the use of business consulting. Which is strange because that's so vague and is just about the only use of the word.

    [Business consulting in the consumer products industry. FIRST USE: 20161001. FIRST USE IN COMMERCE: 20161001 (10/01/16)]

    It was never contested after publication, so there it is. Although someone can petition the TM if they get enough signatures:

    See: Trademark Scandal of the Word "Cocky"
    https://www.theguardian.com/books/2...st-trademarking-of-word-cocky-fameela-hopkins

    I didn't follow this case but you can research the outcome online. It looks liek there were a few injunctions filed to prevent the trademark etc...
     

Want to reply or ask your own question?

It only takes a minute to sign up – and it's free!

Share This Page

Lysted
  1. NamePros uses cookies and similar technologies. By using this site, you are agreeing to our privacy policy, terms, and use of cookies.
    Dismiss Notice
Loading...