This is a big weekend. Tomorrow is the Kentucky Derby and May 4th so lots of Star Wars fans will be celebrating. On Sunday, we celebrate Cinco de Mayo and Orthodox Easter! Whew! That's a lot of celebrating! 😁
Saturday marks the 150th run for the roses at the Kentucky Derby. To check whose favored to win, check here: https://buff.ly/44mP4Ct. Interestingly, a logo design to celebrate the 150th was filed last year by Churchill Downs, but the application was just published for opposition this week. The application was held up for three months because of the failure to anticipate the disclaimer of KENTUCKY DERBY in the application, which no doubt has acquired distinctiveness . That time could have been saved if the applicant would have filed the application with a partial 2-F claim from the get-go. Looks like the earliest the Notice of Allowance will issue on this celebratory logo will be around July.
Here's the lesson - when planning to file a trademark to commemorate a special date, plan ahead. One year is not long enough. And to be sure you have a registration in time for the special occasion, my advise is to plan two years out. You'll need the time. Afterall, Churchill Downs is a sophisticated trademark owner - they own more than 110 active trademark application and registrations. What a pity to not have this registration for their sesquicentennial celebration.
Wishing you all a terrific weekend - no matter what and how you are celebrating!
#brandprotection #trademarks
What a fantastic team effort!