Sep 29, 2004

Filing political trademarks

Looks like as the election nears, people are filing more and more election related trademark appliations. Unfortunately for them, it takes a minimum of about 18 months to get a trademark registered- well after the upcoming election. It's amazing how people will try to capitalize on anything, including things they do not have a direct stake in- such as people filing trademark applications for "shock and awe," others filing "you're fired" who are not involved with Trump's TV show. Some sample political filings:

Thomas Reed of Kettle Falls, Wash., wants to put "Bush Whack Kerry" on clothing, jackets and hats. Reed also has trademark applications pending for "Liar, Liar, Bush on Fire" and "Kerry Bush Back to Texas."

In March, James Beall of Live Oak, Fla., had the idea for rubber shower shoes that he wants to call the Kerry Flip Flop. (Beall's lawyer has been sending warning letters to makers of similar sandals, some of which showed up at the Republican convention.)

Kenny T's Inc. in Tallahassee, Fla., has filed a corporate application for a trademark on "Bush Bin Lyin," for clothes, shoes and hats.

Amazing what people will try to register as a trademark. See the full article at TRADEMARK SEEKERS RACE THE CLOCK.

I had one beef about this article. It is listed under the "PATENTS" section of this newspaper. Trademarks are not patents, and vice-versa. They all are "Intellectual Property," but these areas are quite different. A quick intellectual property primer:

Patents- protect an invention (but not an idea)
Trademarks- protect a name or logo
Copyrights- protects an expression fixed in a medium (art, words, software, etc)

You'll note that intellectual property law does not protect ideas, which is a common misconception. One could argue that trade secret can protect ideas, but trade secret is different than the other areas of IP law in one basic level- it has to remain secret and not be revealed to anyone, including the government. For patents, you must fully disclose to the patent everything you want protected. The same thing applies for trademarks and copyrights (although it is possible to redact some trade secrets out of copyright filings).

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