Le Vian Chocolate Pearl Trademark Issue

pearl guide

pearl guide

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Jun 11, 2004
Messages
177
Letter from the Cultured Pearl Association of America

Dear Members,

It has come to our attention that a trademark has been filed to claim the name "Chocolate Pearls". (Please scroll down and read application)
This could affect many of us in a very adverse way. Forward to our office your opinion, your willingness to get involved and how you think the CPAA should respond. If you have received any notice or legal action concerning this situation please contact us ASAP.

Thank You,

Peter Bazar
President
CPAA

Word Mark
CHOCOLATE PEARLS
Goods and Services
IC 014. US 002 027 028 050. G & S: Pearl bracelets; pearl earrings; gems in the nature of pearls; pearl jewelry; pearl necklaces; pearl pendants; pearl rings; pearl watches. FIRST USE: 20070814. FIRST USE IN COMMERCE: 20070814
Standard Characters Claimed
Mark Drawing Code
(4) STANDARD CHARACTER MARK
Serial Number
85501156
Filing Date
December 21, 2011
Current Basis
1A
Original Filing Basis
1A
Published for Opposition
January 22, 2013
Registration Number
4315623
Registration Date
April 9, 2013
Owner
(REGISTRANT) Le Vian Corp. CORPORATION NEW YORK 235 Great Neck Road Great Neck NEW YORK 11021
Attorney of Record
Rachelle A. Dubow
Prior Registrations
3494418;3585082;3641551
Disclaimer
NO CLAIM IS MADE TO THE EXCLUSIVE RIGHT TO USE "PEARLS" APART FROM THE MARK AS SHOWN
Type of Mark
TRADEMARK
Register
PRINCIPAL-2(F)
Live/Dead Indicator
LIVE
 
It's about as absurd as the authority permitting a trademark for pink pearls or black pearls. But the intellectual property authorities in teh USA follow different rules to the rest of the world. Certainly such an attempt would be laughed out in Europe
 
uh-oh. better quick get a filing in for "butterscotch pearls," "aubergine pearls," any other pearls where a common food color is used as a descriptor. yeesh. get a patent in on "white pearls," just in case.
 
LOL juliebeth, you said it! this could be expensive, though.

Sheesh, what if someone tried to trademark "black Tahitian" pearl color for freshwater pearls? it is absurd, but a real pain in the patootie to deal with.
 
The word I was trying to remember from my time grappling with intellectual property law is generic - the term chocolate as a descriptor is generic - ie everyone uses it to describle brown pearls. It should be no more trademarkable than any other colour description applied to any pearl.
A quick google search there are many pearl sellers already using the term.
 
The word I was trying to remember from my time grappling with intellectual property law is generic - the term chocolate as a descriptor is generic - ie everyone uses it to describle brown pearls. It should be no more trademarkable than any other colour description applied to any pearl.
A quick google search there are many pearl sellers already using the term.
It's no good me objeting formally but all american vendors using the term should contact the CPAA or whoever is the registering authority to object, with links to the term already in use on websites etc

I just checked my own website and we've used chocolate nine times at least as a descriptor in entries going back several years, so it is clearly generic
(Mitts off cranberry too!)
 
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