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Writer's pictureShreya Sampathkumar

5 UNIQUE TRADEMARKS - Part 2




1. Reese's Orange



The shade of orange on the package of a Reese's peanut butter cup is unlike any other colour. The sentence "Orange background colour is a registered trademark." written on the package catches one’s attention. Although Hershey Co.'s parent company does not own the colour, its trademark restricts rivals in the confectionery industry from using it. This is because without a trademark, other chocolate treats imitating the Reese's brand might possibly divert inattentive customers away from Reese's goods and towards a competitor's. In 2010, Hershey filed a lawsuit against Mars, Inc., alleging that Mars' chocolate and peanut butter candy brand, Dove and its candy wrapping were confusingly similar to that of Reese's. (The suit was ultimately dropped.)


2. The Term "Super Hero"



While the term "superhero" appears to be a generic term for anybody with superpowers and a cape, it is really a trademarked term. However, since the 1960s, long-time rivals Marvel and DC Comics have co-owned variants on the name "Super Hero" or "Superhero," much to the annoyance of fans who prefer one over the other. However, disagreement persists over whether "Super Hero" is distinctive rather than generic, if "Super Hero" indicates a source of goods or services, and whether DC and Marvel collectively constitute a single source.


3. The Term "Realtor"



Despite its widespread use as a synonym for a real estate agent, the word "realtor" enjoys trademark protection. Thanks to a partnership with the National Association of REALTORS® (NAR), Phil Dunphy (played by Ty Burrell), one of the major characters in the series "Modern Family," is shown exhibiting his REALTOR® Pride in the show. In season 7, episode 10, Dunphy clarifies to Gloria that he's not simply a real estate salesperson — he's a REALTOR®.


4. The Names of Kim Kardashian’s Children


All of Kim and Kanye West's children's names have been registered as trademarks: North West, Saint West, Chicago West, and Psalm West. The filings did not discuss business plans, but the trademarks might cover apparel, toys, and skincare goods, according to TMZ. However, the USPTO cautions applicants that unless specific circumstances are satisfied, it is unlikely to register surnames, an individual's name, or a likeness for trademark protection. Unless the trademark is a coined name, the individual must legally file a statement of consent for the trademark. They must establish that the name has a "secondary meaning" by being part of a distinct brand that is widely recognised and utilised in marketing and commerce. When a name is one of a kind, it can be trademarked in some situations, although this needs strong documentation.


5. Barbie Pink



Not only does America's favourite blonde-haired doll have a trademarked name, her favourite colour is trademarked as well. The color, officially known as Pantone 219C, is one of Mattel's many prized possessions. The company even sued RCA Records for using the colour in the artwork for Aqua's single "Barbie Girl," which also landed the band in a soup due to the song's title and content.

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