Delta T is clearly the BIG ASS® trademark leader: It owns twelve trademark registrations* including ones for BIG ASS, most of them for fans and lighting.
Plenty of BIG ASS corpses litter the Trademark Office database. Between May 2016 and December 2017, nine applications died because of the registrations owned by Delta T. Those applications were for a huge variety of goods, most of them having nothing to do with fans and lighting. Here’s the info on those dead applications:
|Trademark||Goods||What happened||Date of Death|
|Big Ass Pizza||Clothing||Trademark Office refused to register because of Delta T’s registrations.||December 2017|
|Big Ass Bulbs||Light bulbs||Trademark Office refused to register because of Delta T’s registrations.||November 2017|
|Big Ass Bowl||Bowls||Delta T opposed the application. Applicant abandoned.||July 2017|
|Big Ass Candles||Candles||Trademark Office refused to register because of Delta T’s registrations.||May 2017|
|Big Ass Floors||Retail store services||Applicant abandoned the application before it was ever reviewed.||November 2016|
|Big Ass Bar Soap||Soap||Delta T opposed the application. Applicant abandoned.||December 2016|
|Big Ass Flask||Flasks||Trademark Office refused to register because of Delta T’s registrations.||October 2016|
|Big Ass Air Freshener||Air freshener dispenser||Delta T opposed the application. Applicant lost because he never responded.||October 2016|
|Big Ass LEDs||Electronic signs||Delta T opposed the application. Applicant abandoned.||May 2016|
What are the lessons here?
- You don’t necessarily have to be selling the same or similar stuff to be considered “confusingly similar” to another trademark. It depends on the strength of the other trademark.
- Delta T’s ability to fight off new applicants is enhanced by the rareness of its mark. Delta T would NOT be having as much success with its oppositions if it had stuck with HVLS Fan Co., its original name.
- Delta T is committed to protecting its mark and is willing to spend the time and money to fight when necessary.
- It’s rarely a good idea to go up against a company that’s as committed as Delta T to fighting for its trademark rights.
All excellent lessons.
Big shout out to Irv L. for the suggestion that led to this post. Photos courtesy of and © Big Ass Fans.
*Twelve registrations as of August 2018. Several of the registrations are for HAIKU®, the fan in the featured photo for this post and another great trademark. Delta T also has trademark rights in the yellow on the ends of the blades of their industrial fans. This is a company that really understands branding and trademark law.