Handcrafted Intellectual Property in 2014

more+
less-

What best describes your work? Inexpensive? Cost effective? Robotic? Low budget? High volume?

Or, do you deliver excellence — unique, distinctive, valuable, sculpted, tailored, and handmade  solutions with your wealth of professional skill and expertise?

If your main focus is on delivering the lowest possible cost, you best be selling a commodity.

Creating and protecting valuable intellectual property is not commodity work for assembly lines.

So, what level of craft would you say was involved in creating this chocolate-flavored tagline?

Might the answer be different depending on whether you’re a marketing or trademark type?

At least from the perspective of a trademark type, “Handcrafted in Small Batches” is hopelessly and most certainly merely descriptive of chocolates (assuming it is not deceptive or misdescriptive), which explains why the registration symbol, in this case, signifies registration on the Supplemental Register as opposed to the Principal Register.

When it comes to protecting intellectual property, creative counsel with a handcrafted approach is required, especially when corners are cut during the creation of a merely decriptive tagline.

Any predictions on how easy it will be to move the “Handcrafted in Small Batches” tagline from the Supplemental Register to the Principal Register with this kind of reinforcing merely descriptive use?

Here’s to celebrating and rewarding the handcrafted creation and protection of valuable intellectual property assets, especially those made and protected in small batches, in 2014!

Topics:  Federal Trademark Register, Marketing, Trademarks

Published In: Communications & Media Updates, Intellectual Property Updates

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Winthrop & Weinstine, P.A. | Attorney Advertising

Don't miss a thing! Build a custom news brief:

Read fresh new writing on compliance, cybersecurity, Dodd-Frank, whistleblowers, social media, hiring & firing, patent reform, the NLRB, Obamacare, the SEC…

…or whatever matters the most to you. Follow authors, firms, and topics on JD Supra.

Create your news brief now - it's free and easy »