US Patent Office Denies Hasbro's Attempt To Trademark "Airachnid"
Monday, August 23rd, 2010 11:53AM CDT
Categories: Toy News, Company NewsPosted by: Razorclaw0000 Views: 34,260
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The USPTO cites an existing trademark which is too similar to "Airachnid":
USPTO wrote:Registration of the applied-for mark is refused because of a likelihood of confusion with the mark in U.S. Registration No. 2917921.
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Applicant’s mark, AIRACHNID, is highly similar to registrant’s mark, ARACHNOID. The marks are both intended to be plays on the word “arachnid,” and as such, are highly similar in impression. Additionally, the first portion of the marks, “AIRACHN” and “ARACHN” are nearly identical in sound and appearance, and the final portion “NID” and “NOID” is also highly similar. Note that slight differences in the sound of similar marks will not avoid a likelihood of confusion.
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The highly similar wording raises the likelihood that a consumer may believe applicant’s goods to be related to registrant’s goods, and ultimately from the same source.
To see the full body of the Trademark application and the decision, search here and enter Serial Number 77892423. Review the document labeled "Offc Action Outgoing". You can also see this document here.
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Posted by Overcracker on August 23rd, 2010 @ 12:00pm CDT
Posted by Razorclaw0000 on August 23rd, 2010 @ 12:07pm CDT
Overcracker wrote:A possible name for an HFTD Insecticon repaint? Perhaps they can all it Bugbite instead ad paint him white with lilac wings.
This was supposed to have been in connection with a character in Transformers: Prime, apparently, according to S250.
Posted by Elita_5 on August 23rd, 2010 @ 12:13pm CDT
Posted by UltraPrimal on August 23rd, 2010 @ 1:34pm CDT
Posted by Sky-Quake on August 23rd, 2010 @ 1:56pm CDT
Posted by Covenant on August 23rd, 2010 @ 6:29pm CDT
As for the denial on the name, over-nitpicking, completely unnecessary imo. The name should have been a go, preference for it aside, in my book.
Posted by craggy on August 23rd, 2010 @ 6:50pm CDT
Posted by Mindmaster on August 23rd, 2010 @ 7:44pm CDT
Posted by Galvatron X on August 23rd, 2010 @ 8:03pm CDT
Seriously though, that's not a really good name anyway...
Posted by amtm on August 23rd, 2010 @ 9:53pm CDT
USPTO wrote:Applicant’s mark, AIRACHNID, is highly similar to registrant’s mark, ARACHNOID. The marks are both intended to be plays on the word “arachnid,” and as such, are highly similar in impression. Additionally, the first portion of the marks, “AIRACHN” and “ARACHN” are nearly identical in sound and appearance, and the final portion “NID” and “NOID” is also highly similar. Note that slight differences in the sound of similar marks will not avoid a likelihood of confusion.
...
The highly similar wording raises the likelihood that a consumer may believe applicant’s goods to be related to registrant’s goods, and ultimately from the same source.
That's like saying because "are" and "air" sound similar, English speakers will be confused as to which one you mean when you talk to them. Who says the "A" in "Arachnid" like the "Ai" in "Air"? And who says "oid" like "id"? Someone at the patent office needs a new job.
Posted by Noideaforaname on August 23rd, 2010 @ 10:46pm CDT
It's for the best, anyway. The name is silly.
It's a dumb name anyways.
Seriously though, that's not a really good name anyway...
I can't help but think of Aesop's fable about the fox and the grapes (though in all fairness I'm ignoring any name criticism from before this bit of news).
Anyway, saying it sounds sort of to similar to another name seems like a weak reason to deny a trademark -- although I personally am putting an obnoxious, yet typical for a toy commercial, emphasis on the "air" in "Airachnid."
This won't effect not-Airachnid's looks, will it? I'm fully expecting some flying arachnid (as in a spider, or a solifugid, or even an amblypygid... that... flies) to come out of this at some point, and hopefully not just an Insecticon repaint.
Posted by Oilspill on August 24th, 2010 @ 1:05am CDT
I mean, see what the patent office are getting at, but I think there is quite an obvious difference between airachnid and arachnoid. Particularly as the emphasis is on the 'air' and the 'noid' in each word (at least the way I would pronounce them) which further sets them apart.