lately, It is widely believed that, Due to the increasing number of registered trademarks, The possibility of successful registration is limited. In the strategies adopted by brand owners to solve this problem, Adopt a trademark that reduces vowels or "de-vowelization" Trademarks have become a fashion.

The pioneers in the field are Silicon Valley start-ups, Such asTUMBLRandFLICKR, They have given their company name／trademarked "e" remove.

This trend has been well received by the public and is catching on in enterprises, Gave birth to the modern age, New and unique brand.

evident, Not all the vowel signs removed or "de-vowelization" Signs can be registered smoothly. At present, There are2A case involving2A well-known enterprise and attracted much attention.

The first case involving description got Nike and itsSNKRSThe logo becomes the focus of attention. In fact, If a descriptive term is still recognizable after the vowel is removed, Then the mark cannot be registered as a trademark.

Nike has a company called "SNKRS" The special application, The app alerts customers when limited editions and special products are released and allows customers to buy footwear and clothing. therefore, Nike is looking at the No9, 25, 35and41Class registration "SNKRS" Text and "Whoosh／hook" Us trademark for graphic combinations.

The registration application was filed with the United States Patent and Trademark Office (USPTO) Turn down, The reason is that the application logo is universal. "SNKRS" Trademarks are applied for all kinds of clothing, Footwear and sports shoes related goods and services, The word is associated with "sneakers (sneakers) " homophony. This means, The word simply describes the type of product or service being offered. Do away with "sneakers" The vowel in the word does not make "SNKRS" Loss of description or generality.

however, The Trademark Trial and Appeal Board rejected the trademark examiner's claim "SNKRS" It's a ruling in generic terms, Identify the mark as a descriptive term. If a descriptive term acquires a second meaning, It can be significant, Thus eligible for trademark protection. Nike certificate, Since the2015Since these years, It has been using the logo in a essentially exclusive manner, Since the2019Since these years, In North America has received more than1000myriadSNKRSOrder for goods. In addition, The media has already "SNKRS" Think of it as Nike related. therefore, The committee considers that, "SNKRS" By the applicant's substantial exclusive and continued use of the mark in commerce, Has become a prominent feature of the service. In addition, Nike also submitted a large number of articles, Indicates the authors of these articles on this2The word makes a distinction: Mention it when discussing trademarks "SNKRS" , When referring to goods "sneakers" .

The Nike logo will now be published onUSPTOthe "Trademark announcement" Up, The third party will have30Days to file an objection before the trademark is registered. Of course, The first25Class of goods will not be protected.

The assessments and practices of examiners differ markedly from country to country, In fact, "SNKRS" It has also been approved by the European Union Intellectual Property Office (EUIPO) At #25Class registration.

The other case involves Burberry (Burberry) . 2022years, British luxury brand Burberry filed in the United States and Europe "BRBY" At #18Class sum order25Class trademark registration application.

Although the EU trademark has successfully entered the registration process, But the US application was rejected by toymaker Mattel (Mattel) Objection to, Mattel is a famous doll "Barbie (BARBIE) " Creator of.

merely, As both sides are going on "wise" Negotiation of, Dissent seems to have ceased.

To sum up, In applying "devowel" It is very important to conduct a thorough analysis before the trademark. (Be compiled fromtrademarklawyermagazine. com)

TRANSLATORS: Rason group　proofread: Liu Peng



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