
From Kimono, through #KimOhNo, to Skims: A branding nightmare for Kim Kardashian
#KimOhNo became a symbol of the backlash to Kim Kardashian’s attempt to register a trademark for her new line of shape wear, Kimono.
Not every mark can be registered as a trademark. The reason for this stems from the very purpose behind trademarks. The goal of a trademark is to signal a single source of goods and services to the consumer and protect the intellectual property of a brand that did a good job of being recognizably unique in its line of business. Registering any mark may fail to meet one or both of these requirements. Some marks are merely descriptive of the goods and services they sell, while others may be too similar to already registered trademarks, which can potentially create consumer confusion and infringe on the existing trademark's rights.
Therefore, the corresponding intellectual property office will assess the trademark application against two criteria: distinctiveness (the ability to be distinguishable) and lack of similarity-based conflict (not conflicting with any similar registered trademark - either because no similarities exist or are resolved during the process).
What is the price of an additional trademark class in the UK?
How much does the length of the trademark registration process differ between countries?
If I own a trademark in one country, is it valid in another country as well?
Are there any annual fees during the 10-year validity period?
Do I need a pending trademark application to file through the Madrid system?
What colour version of the logo should I choose when registering a trademark?
What is the price of an additional trademark class in the US?
#KimOhNo became a symbol of the backlash to Kim Kardashian’s attempt to register a trademark for her new line of shape wear, Kimono.
Filing for trademark registration is something anybody can do with a single online application. Many business owners, however, decide to wait with trademark registration because the process can appear quite complicated at first sight. Applying without a legal representative can be a difficult and time-consuming process. Mistakes and errors are easy to make and can lead to weak trademark protection or the rejection of your trademark registration altogether.
Social media plays a crucial role in the growth of any brand. If you are starting a business, prepare to leverage social media to at least some extent in the promotion of your company. Whether you make ads to run on Facebook and LinkedIn or define your company’s persona through viral posts and tweets, social media provides unique and valuable opportunities for businesses. It also can be a source of countless trademark infringements that can be detrimental to starting businesses.
Our team of experienced trademark attorneys is here to help you! Simply send us an email outlining your request and we'll be happy to assist you.