Fun Trade-marks

This week’s (pdf) and last week’s (pdf) Trade-marks Journal had a number of amusing trade-mark applications advertised:

NAKED MINERALS - 1,336,605, by Yem Inc. for cosmetics and mineral make-up that, according to their website, is so light and comfortable a wearer won’t know she/he is wearing it and will therefore experience a “naked effect”. Hmmmm, I see some descriptiveness issues with this mark, but atleast it disclaimes the right to the exclusive use of the word MINERALS (see here for why I think disclaimers are still a good idea).

Sugar - 1,341,137, by Euro-Pacific Developments (2006) Ltd. for residential and commercial condominium units in Vancouver where one can enjoy the “sweet” life.

MADE BY REALLY NICE CANADIANS! & Design - 1,342,304, by Frank T. Ross & Sons Limited, in relation to proposed use for biodegradable, non-toxic cleansers and the like. Again, I see some descriptiveness issues with this mark, as in being descriptive of the persons employed in the production of these wares.

LAW & ODOR WATCH THE MOVIE & Design - 1,343,773, by Electrolux Home Care Products, Ltd. in relation to proposed use for vacuum cleaner bags and filters. I can see NBC maybe having some potential concerns with this application, in light of their well know TV show Law & Order, but even Mattel, Inc.’s rights in the famous mark BARBIE were not enough to for our Supreme Court to find a likelihood of confusion with a restaurant operating under the name Barbie’s (Mattel, Inc. v. 3894207 Canada Inc., 2006 SCC 22). So I think Electrolux probaby has a reasonable chance at getting this past Opposition, should NBC decide to oppose. Then again, that added slogan which states to “watch the movie” might be enough to create a likelihood of confusion, suggesting a possible tv/movie entertainment connection.

DRINK TWICE DAILY - 1,344,388, by Cott Corporation, in relation to proposed use for non-alcoholic beverages and the like. Glad to see it’s for non-alcoholic beverages.

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