Last Week in Trademarks
As I get into the habit of writing regularly again, this segment may seem like a late post to review last week’s filings at the USPTO. If I can summon the conviction and drive (and if my own workload outside of this project allows), our weekly should make it closer to a Monday or Tuesday. Alas, onward we go. Let’s take a look at Last Week in Trademarks.
We already covered a doozy of a filing: Italian Muffins. I stand by my inner monologue on this one. Not a good mark. But I will be following its progress because, as we saw in our previous review, “German Pizza” is a registered trademark. Sometimes, registrations can be surprising.
September 2 included “add oyle,” “Wellteaness,” and “DateYum.” Is “add oyle” a homage to Popeye’s best girl, Olive Oyle? Or is it just a coincidence? That’d be cute, but no. Honestly, I wonder if the folks behind, yes, an infused oil product even know about the magically-spinach-induced bicepped sailor.
“Wellteaness” is on its second try for registration at the USPTO, the first application declared abandoned after the applicant failed to file a Statement of Use or extension request. The thing about this one: you know it’s tea for wellness just by looking at the word. Can “tea” be disclaimed to allow the mark through, or is it just too descriptive? (I think it’s merely descriptive).
“DateYum.” Joining the wagon on making dates exciting. Yes, dates are yummy. I fully agree. But we don’t have much more than that. It’s filed under three classes: 029, 030, and 031. The website is just parked by GoDaddy. And it’s a 1(b) application. ITU applications would be more interesting with pictures. What I do like about this one is that it’s not just a wordmark. It’s a design mark, too, with the “t” cleverly styled into a palm tree.
September 3. Here’s a surprise. “Cap’n Crunch’s Crunch Berries.” Yeah, I thought I read it wrong, too. Surely, crunch berries was a registered trademark long ago. It is 2026, after all.
There are live, registered trademarks for “Cap’n Crunch,” “Crunch Berries,” “Cap’n Crunch’s Peanut Butter Crunch,” “Cap’n Crunch’s Oops! All Berries,” and “Cap’n Crunch’s Crunch Mega Berries.”
It was a registered trademark, before it was cancelled in 2006 because a Section 8 Declaration was not filed. If you dig a little further into the world of Cap’n Crunch, there are other trademarks cancelled for the same or similar reasons. And it’s taken 20 years for them to realize these marks weren’t registered after all? And they clearly did not realize it: the cereal still uses circle-r next to the mark.
Maybe it’s for the best. Like “DateYum,” the application here is more interesting and, dare I say, exciting with its description, using multiple colors and words like “flank” to appropriately usher the Cap into this new age of validly registered trademarks.
On September 4 we had not one, but two filings for sourdough starters. Not kidding. One isn’t even remotely questionable: MotherDough. If you’ve ever made sourdough (or had any friends, relatives, or coworkers during the first month of COVID-19 lockdown), you’ll know that a sourdough starter is often referred to as the “mother” due to its function of continually reproducing.
Now, “Doughen” on the other hand, maybe a tiny bit less descriptive (or generic). But, “Doughen” for a sourdough starter? Could happen.
September 5. “The Saucery” for sauces. No comment.
September 6. “Dump’d” for dumplings. This one I could see on packaging. A cute name for a dumpling brand. A little on the nose. This is the second application for this company. And not that they forgot to file something pertinent previously. The first application for “dump’d dumplings - stateside street food” actually got all the way into the publication-for-opposition phase when Stateside, a vodka and cocktail company, opposed it. This second application for a more streamlined mark may be Dump’d’s answer to that opposition.
Lastly, one that is a little surprising. Moreso that no one else has claimed this mark for a food product.
“Fork Around and Find Out.” It’s almost so obvious that it’s not obvious at all. And no one else (aside from a computer and card game company) opted to snatch this up? Channels of trade would not cross. It might be a good mark. What do you think?
