Uring prosecution of the “velvet touch” trademark application for wine, the Trademark Office noted the sale of velvet bags for use in carrying wine and distilled spirit bottles, particularly the Crown Royal whiskey bottle example. That early blog post noted Diageo’s federally-registered purple bag non-traditional trademark, and that a third party had slipped in at the USPTO to federally register a velvet touch mark for wine:Īlthough Diageo appears to have made no attempt yet to federally register or protect the velvet touch or feel of the Crown Royal pouch bag, American Wholesale Wine & Spirits, Inc., obtained a federal trademark registration toward the end of 2006 for a touch mark comprising “ a velvet textured covering on the surface of a bottle of wine.” ‘Tis the Season for billboard ads like this, sorry Nancy.Īnyway, it reminded me of a very early post of mine on touch trademarks, here on DuetsBlog.
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