A Novel Way to Waste Money

You can’t ever get trademark rights in the generic word for what you’re selling:  No DŌ brand cookie dough.

But what if you really want a registration? Can you just register the trademark for some other product? Can you Register DESK for window screens even though you’re selling desks, just so you have a registration?

Front of box.pngSounds ridiculous, right? But that didn’t stop Jacquelyn De Jesu from registering SHHHOWER CAP for “textile fabric for use as a textile in the manufacture of a noise reducing headpiece.”

Check out the packaging for her product. Is this a “noise reducing headpiece” or a shower cap? I count three times that the product is called a shower cap and only one reference to the fact that it’s less noisy that a traditional shower cap.Back of box.png

There are at lots of reasons not to follow Ms. De Jesu’s example. Let’s just consider two.

It’s a complete waste of time and money.

If she ever decides to go after someone for using the words “shower cap” to sell a shower cap that person will point out that he isn’t selling a “noise reducing headpiece” and go right on using “shower cap.”

Screen Shot 2018-05-24 at 4.35.29 PM.png

Loss of Opportunity

Ms. De Jesu wasted an opportunity to establish a brand. If these “noise reducing headpieces” catch on and she decides to sell bathmats, what’s she gonna do, sell SHHHOWER CAP brand bathmats?

So, yeah, you can get the registration and maybe trick a few people into thinking you have rights, but the only person you’re cheating is yourself.

 

 

 

 

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