Will Chick-fil-A Oppose Bo by November 14th? + We Go to the National Trademark Expo + Fun With 5-hour Energy
Howdy Backers of A Defiant Dude!
A quick update to let you know that we're about half-way through the USPTO's 30 day publication for opposition period for Bo's 'Eat More Kale' trademark -- by November 14th, we'll know for certain if Bo has prevailed over Chick-fil-A's ex parte letter of protest against 'Eat More Kale' -- or, if Chick-fil-A or some other business will file a legal notice of opposition against a potential 'Eat More Kale' trademark.
FOR THOSE FOLKS KEEPING SCORE, NOVEMBER 14TH IS AN IMPORTANT DATE:
A little more than a month ago the USPTO finally allowed Bo's 'Eat More Kale' trademark application to advance to the next legal level for trademark protection, or 'Publication for Opposition' -- which, in layman's terms, is similar to the part in a wedding ceremony where the minister says, "Does anybody know why these two should not be married?" By allowing Bo's 'Eat More Kale' trademark application to be published for opposition, the USPTO is essentially saying, "We're thinking of granting Bo trademark right in the phrase, 'Eat More Kale' -- does anybody feel that they might be damaged if we do this?"
Nearly three years ago, Chick-fil-A told Bo to 'cease and forever desist' printing 'Eat More Kale' t-shirts, and filed a secret letter of protest with the USPTO essentially saying, 'Yes, we feel that we will be damaged by an 'Eat More Kale' trademark as it will cause consumer confusion over our own 'Eat Mor Chikin' trademark.'
So Chick-fil-A, or any other party who feels they may be damaged by a potential 'Eat More Kale' trademark, have until November 14th to file a letter of opposition with the government (or an extension of the opposition period). At that time, we should know if the story we've been covering has finally come to an end and Bo has acquired his trademark free of opposition from Chick-fil-A -- or if another chapter is about to begin.
THE NATIONAL TRADEMARK EXPO:
While we wait for, what we hope will be, the last chapter in our documentary -- a couple of weeks ago we took our camera to Washington DC and filmed the National Trademark Expo.
The National Trademark Expo has significance to our documentary because this is one of the ways the USPTO educates the public -- and, more specifically, children -- about trademarks.
But more germane to Bo's story, Mr. Andrew Lawrence, who is the reviewing attorney for Bo's 'Eat More Kale' trademark application at the USPTO, is one of two contacts for the National Trademark Expo; on the day we attended he appeared to be one of the main USPTO officials in charge of the expo.
The expo is focused mainly on educating children about trademarks: trading cards, coloring books and roving mascots filled the main atrium and lawn of USPTO Headquarters in Alexandria.
We'll leave you with some shots from our footage of the expo, below. Until next time, THANK YOU! for your support and patience with the production of our film -- even though our story is taking much longer to unfold than we could've imagined, it continues to grow deeper and get curiouser and curiouser.
That's all for now! Jim, Bo and the crew of 'A Defiant Dude'!