Trailblazing Trademarks! SummerSalt and Strawesome
I'm giving a HUGE shoutout to SummerSalt + Strawesome today, two amazing trademarks (for numerous reasons) with an amazing "why" behind them.
Summersalt: https://www.summersalt.com/
Strawesome: https://www.strawesome.com/
I also talk about a trademark fail! (Those are fun as well, and we can always learn from them!)
I talk also about the beauty of the First Amendment...the USPTO can NO longer reject an application based on "immoral" or "scandalous"! HEEELLZZZ to the yah! Thank you US Supreme Court! {I say the word "bullcrap" in this video...scandalous!}
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Also, if you are a totally rad brand owner yourself, and would love to be featured as a “Trademark Trailblazer,” either on my YouTube Channel {right here!} or Trademarks Made Easy Podcast, I would love to talk! {See below for the Trademarks Made Easy Podcast Interview Application form.}
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And finally, I am not your attorney. This information provided on my YouTube Channel and this video is for education and entertainment. I do my best to stay up-to-date with changes in the law but remember, like us, the laws are constantly evolving, thank goodness! You should hire an attorney to discuss your specific situation.
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Of course, one of the big things I want to do is to educate you on how to select a really strong trademark from both the marketing and the legal perspective. I harp on this because legal and marketing seem to disagree with each other.
When I was a new trademark attorney, I worked in a law firm and I got the opportunity to also work with a lot of marketing departments. They would come to me with trademarks they came up with during brainstorming sessions. Usually, the issues that I saw were trademarks that were too descriptive of what the underlying product or service was, or they didn't do their own internal preliminary or cursory or knockout searches. I also call those quick and dirty searches. They didn't do those internally, and so they'd send them off to the attorneys and obviously, we would have to charge for that. They could have saved money at the beginning by being able to do the searches on their own.
As a result of all, I got the idea of going into the marketing departments and talking with marketing teams about how to select strong trademarks. I've ultimately transitioned this into my Trademark Trailblazer course. (www.TrademarkTrailblazer.com)
I should probably say that what we're going to be talking about today is not legal advice. It is guidance and you should hire your own trademark attorney if you need assistance in clearing trademarks, and if you need help filing your trademark application with the USPTO.
Starting on August 3, 2019, if you are not a citizen of the U.S., you're going to have to hire a U.S.-licensed attorney to help you with the application of your trademarks before the USPTO.
One other interesting development is the USPTO can now no longer refuse trademark applications on the basis of the trademark being immoral or scandalous.
The reasoning ~ by the United States Supreme Court ~ is that it's a violation of the 1st Amendment. It's been a long time coming, but thankfully the USPTO can never refuse registration on that basis.
I teach not only the legal considerations, but also marketing considerations. So, make sure you know your market and what they expect from your brand before you use a scandalous or immoral trademark.
It might not really fly from a marketing perspective.
It might be awesome from a marketing perspective for you. You might get a ton of buzz about it. Just proceed with caution.
Okay, on to some fun trademarks that I wanted to talk with you all about today.
The first one is the trademark SummerSalt. They sell amazing, beautiful bathing suits for lots of different body types.
I generally tell people when you're selecting a trademark to be really careful about misspellings in trademarks. I don't necessarily likw misspellings in trademarks because it makes it difficult to search, especially now with having voice-enabled searches....