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Here’s an interesting trademark fact pattern you don’t hear every day.
Dude tried to register the trademark SPICE SHOT. He apparently wanted to use the mark on ammunition used in shotguns. The plan was to somehow flavor [or SPICE] the pellets in the shotgun shells so that the hunter could simultaneously shoot and season the animal that was killed with the shotgun.
Hey, we’ve got to give the guy some credit for creativity here. A spice pellet bullet that makes a bird taste better – just what we’ve all been waiting for. Apparently, no metal is used in the shotgun shells and the pellets melt into spicy deliciousness when the animal is heated and cooked. Unfortunately, the trademark registration for SPICE SHOT was refused because it was ruled merely descriptive of the goods - because the ammunition was comprised of spices formed into pellets.
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James Lindon, Ph.D. Patent Attorney
Lindon & Lindon, LLC
Cleveland, Ohio
Patents, Trademarks, Copyrights, Pharmacy Law, Litigation
[this is not legal advice - provided for discussion only]
Intellectual Property for the Individual and Small Business: Identify, Protect, Enforce, Defend.
"Fools rush in where angels fear to tread."
http://www.LindonLaw.com
Hey...can I trademark BUTTER HOOK? I`m thinking I catch a fish with a lure using frozen butter formed into hooks. It flavors the fish before they even come out of the water!! LOL!!
