Soylent Trademark Approval and Notional Packaging


#1

It looks like the Soylent trademark has finally reached the final steps of becoming official. It has now entered publication for 30 days to see if anyone objects to the trademark. If nobody objects, 12 weeks from now (around the 13th of feb). Interestingly, this will likely be after Soylent has actually arrived to some customers, and regardless, one could argue Soylent has been being sold since the Kickstarter ended.

I’m no patent lawyer, but I believe this would qualify as being currently in use, and as such would mean the mark is registered after the 12 week wait. Otherwise, it will be another 16 more as they’ll have to file usage get the usage approved and get it registered afterwards.

Kind of a boring topic, but its interesting watching the process, here’s some eye candy from their application for clicking on the thread:


#2

Interesting that bag says “4 meals.” Probably just a mockup rendering though. See this is more interesting than the current official blog… which contains no updates whatsoever :wink:

Apparently before approval the application had to be amended to identify “nutritional products containing soy.” In order to avoid a ‘misleading mark’ problem. I wonder if that means soy will have to be added, or if it’s just administrative.


#3

This is quite interesting. Do you have a link to the source paper? O some more pictures and information ?


#4

@JulioMiles How are we going to get 1 meal out of that bag? Does it come with a scoop or do we eye it?


#5

@JulioMiles, did they really require soy to be added because the name “Soylent” would otherwise be considered misleading? If that’s the case, why aren’t lentils also required? Or “people”, for that matter?


#6

They always said there would be soy lecithin as an emulsifier, so I don’t see why they would need to hide it.


#7

@ruipacheco We’re going to be including a scoop.

@whynolentils if our product’s name was Soylentilspeople then we’d probably have to include the latter two ingredients, as it it is we already were using soy lecithin and keeping it in the formula does simplify the trademark process.


SOY in SOYLENT?
#8

Piddling around more on the USPTO website, it looks like they just filed with Intent to Use not Currently In Use. Looks like Soylent won’t actually be trademarked until mid June.

Been getting this information from:

http://tsdr.uspto.gov/#caseNumber=85855749&caseType=SERIAL_NO&searchType=statusSearch


#9

Just found this post. In hindsight, could the fact that the trademark won’t apply until June have anything to do with the shipment delays?

Seems like the two are getting close and we are still without anything actually shipping.


#10

I doubt shipping delays would be to trademark issues, they’ve documented quite well why delays have happened so far even if they weren’t the best of reasons.

Looking at the documents though, they have filed as though it is currently in use:

[quote]The mark is in use in commerce on or in connection with all goods or services listed in the application or Notice of Allowance or as subsequently modified for this specific class

The mark was first used by the applicant, or the applicant’s related company, licensee, or predecessor in interest at least as early as 05/21/2013, and first used in commerce at least as early as 08/15/2013, and is now in use in such commerce. The applicant is submitting one specimen for the class showing the mark as used in commerce on or in connection with any item in the class, consisting of a(n) digital photograph of packaging.[/quote]

If the examining attorney accepts this and finds no other issues, they’ll be registered 2 months after the attorney’s approval. Probably 3 months out till the TM goes through.

On another note, from that link, looks like they’ve updated their notional packaging:
https://tsdrsec.uspto.gov/ts/cd/casedoc/sn85855749/SOU20140321184822/2/webcontent
https://tsdrsec.uspto.gov/ts/cd/casedoc/sn85855749/SOU20140321184822/3/webcontent

Interestingly, the phone number they have listed is a 404 area code, I wonder if they’re trying to base the company in Georgia or if that’s just his cell phone number.