Tuesday, March 31, 2009

A ROSE BY ANY OTHER NAME...






What would you call this? It is a bear crocheted out of thread so what would you call it? Would you call it a thread bear?




Here is a picture of a Thread Cat and Frog




Some cute Thread Monkeys




Thread Boy and his Thread Dragon





Thread Mouse




Thread Pig





Thread Lamb



I even have a picture of a Thread Hippo





a thread alien.




How about a thread rabbit?




So...then...what is this?



If you go to the uspto.gov site and look up US Serial No: 78553324 you will find a document from the office of trademarks stating that the term "Thread Bears" is generic...here is an excerpt....
"However, the previously attached evidence demonstrated that the term “THREAD BEARS” has become the recognized and commonly used name for small, crocheted, sewn, or felted bears, dolls, and animals. (See evidence attached to Letter of Protest). In this case, applicant’s goods are known as “THREAD BEARS” in the collectable bear industry. As such, the combination of words is generic and the term “THREAD BEARS” must be disclaimed."


However, in the case of the registered trademark of "Thread Bears" registration #75245684
the Board has refused to cancel the trademark...part of their ruling ...

"The Board must make its own
findings of fact, and that duty may not be delegated by
adopting the conclusions reached by the Trademark Office
examining operation...


In this proceeding, allowing an amendment (or deeming the
complaint amended) would be pointless in view of the fact
that the subject registration is over five years old. As
such, any allegation that the registered mark has not
acquired distinctiveness and is merely descriptive is not
available as a ground for cancellation."




So what is this????




It is a..


bear of thread

thread artist bear

thread crochet bear

thread teddy bear

fiber bear

crocheted thread teddy bear


AND

REALLY CUTE (if I dont' say so myself!)


But it is NOT, for the moment, a THREAD BEAR?


love, deBBie
(This is a personal blog and I alone am responsible for it's contents)
For Further Information on this issue please visit the threadanimals group blog at www.threadanimals.blogspot.com


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