Tuesday, October 31, 2023

Hey Gummy Guy!

Well if gummy treats are going to be a big deal this football season, then we better know about gummy IP. 

Hey Gummy Guy! Whose products are you handing out? Trolli? Let's see what we can find.

We know that Trolli brand gummy worms are a big player in both the gummy world and Rice's football games. After all, he recently visited Fondren before a game with some giveaways in a very prominently marked bag. As expected, there are MANY marks registered for Trolli, some for the candy itself, others for various marketing accoutrements like lip balm, clothing, backpacks, and other apparel. Though there seems to be more than one Trolli confection company, the mark that stands out most is designed word mark, familiar from recent video shots. It was submitted for examination, serial no. 97711266, only just this September--though I know I've seen it in years past. Perhaps the actual appearance of the name Trolli was not previously considered important enough to register. 

Word mark design image for the application for federal trademark registration, serial no. 97711266
Currently being examined for federal registration, but...
However, based on investigation of some of the other registered Trolli candy marks, that may be due to some recent changes in ownership or licensing. Another word mark, no design included, with registration no. 1285440, was first registered in 1984 and includes a specimen that contains a recognizable element:  
Specimen image included in the TSDR file for federal trademark registration no. 1285440
I see you, Trolli, and  your registered symbol!
That's definitely a familiar font, just like the one above.

A third contender's specimen even has a package of some truly familiar gummies I believe we might have seen in the YouTube video linked above, under registration no. 2140788.

Specimen image included in the TSDR file for federal trademark registration no. 2140788
Technically, these are caterpillars, not worms
Fun fact:  There are still more companies that own this Trolli brand registrations. And they have the correct Trolli candy packaging appearance in their specimen files.

I'm uncertain who actually owns this brand and the candy name. All three of the registrations lead to different company names and locations. But they must all be related--or there would be a likelihood of confusion problem!

The parent company that has applied for the new word mark registration, Ferrara Candy Company, owns several patents.

The company name of Trolli did not find any assigned patents, and neither does the German firm, Willy Mederer KG, which owns the mark for registration no. 1285440.

Maybe there's a lot of licensing for the name, and many people create a product? After all, the patents for Ferrara are only for designs of candy appearances and some candy/display boxes.

Or maybe we should just enjoy our athletic gummy treats and not worry about relevant IP.

LOL! Yeah right, IP is clearly never far from our minds, right? 

...right?

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