Cheeseburger II

Posted by | December 08, 2010 | General | No Comments

Yesterday I wrote about the strengths of trademarks, using CHEESEBURGER as an example.  Today I thought it would be fun to see just how many CHEESEBURGER marks there are on the USPTO’s registry and what some of those marks are.   My guess is that there will be several CHEESEBURGER marks for restaurant services that either are on the Supplemental Register or have 2(f) Declarations of Acquired Distinctiveness.

OK, here we go . . . it’s cheeseburger time at the PTO . . .

PTO records that contain the word CHEESEBURGER as part of the mark:

Total PTO records = 105

Live (meaning active) = 45

Of the live applications:

Pending applications = 8

Registered marks = 37

Just the word CHEESEBURGER = 3

Just the word CHEEZBURGER = 2

For restaurant svcs = 14 (2 pending apps and 12 registrations)

For restaurant services with CHEESEBURGER disclaimed = 8

For restaurant services based on 2(f) Declaration = 1 (CHEEBURGER CHEEBURGER)

CHEESEBURGER IN PARADISE registrations = 8 (owned by musician Jimmy Buffett)

CHEESEBURGER IN PARADISE IS A STATE OF MIND = 1 (owned by Cheeseburger in Paradise, Inc. in Hawaii only, pursuant to a Court order)

Most peculiar CHEESEBURGER marks:

I CAN HAS CHEEZBURGER for “providing On-Line Forums for the Transmission of Images and Messages among Computer Users concerning Animals and Humor” (this blog was the most popular WordPress blog for a week in May, 2007)

JESUS CHEESEBURGER for “religious books” (this specimen — the only one submitted — appears to be for a different mark, what do you think?)

Indeed, the PTO often is stranger than fiction, and CHEESEBURGER marks are no exception.

About Lara

Lara Pearson is a trademark attorney with Exemplar, where she also serves as the firm's Sustainability Steward. Lara's legal practice focuses on trademark and copyright law, including: intellectual property audits; trademark search & clearance; trademark and copyright registration & maintenance; intellectual property transfers; transactional work; and dispute resolution, including litigation when necessary. Lara primarily represents other social enterprises -- those leveraging their businesses and brands as catalysts for positive social and environmental change. Such businesses engage in CSR (Corporate Social Responsibility) to have a positive "triple bottom line" of people, planet and profit. As Exemplar's Sustainability Steward, Lara works with others in her law firm to measure and reduce the firm's carbon emissions and encourage engagement in social responsibility initiatives, including pro bono legal work and volunteering. Lara is a proud member of the Social Venture Network. Brand Geek is a member of 1% for the Planet and a Certified B Corporation, whose Incline Village office is certified under the regional Keep the Sierra Green program. Exemplar Companies is the most innovative professional services firm in the New Economy. Our unique, diversified expertise spans the disciplines of corporate law, business advisory, and capital/investment banking to better meet the needs of our high-potential customers. We have assembled a comprehensive suite of service to meet the complex issues facing companies in today’s challenging business environment. Our unique, holistic approach ensures the growth and success – and greatly increases the competitive advantage - of our customers. The Exemplar team is comprised of knowledgeable, highly skilled experts in a wide range of industries and disciplines. They work closely with our customers to provide trusted advice, incomparable support, expert guidance and the ultimate competitive advantage as they accelerate their businesses and position themselves to transform industries.

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