Never mind ghosts and goblins, let’s frighten in-house counsel with the specter of trademark infringement. Randy Michels of Stites & Harbison’s Trademarkology says Halloween is “one of the fastest growing consumer holidays in the United States,” with Americans spending on average $77.52 on the holiday, per person. As such, it’s increasingly important for companies to protect their intellectual property relating to the holiday.
Yes, that’s right: Halloween beer and Halloween cereal are real things, according to the U.S. Patent and Trademark Office. Here are some of the more interesting Halloween trademarks Michels found to get your beetlejuices flowing on some interesting IP ideas for next year:
- Hershey’s Is Halloween: Full stop. Hershey’s applied for this trademark in 2010 and received it Dec. 6, 2011 (not quite in time for the season). According to documents, the mark is just standard characters, and there is no claim to any particular font style, size or color—just don’t go saying “X Is Halloween” any time soon.
- The Official Dog Treat of Halloween: The holiday hasn’t gone to the dogs quite yet—though this mark for Beggin’ Strips has been filed. The documents don’t suggest it’s been granted quite yet, so perhaps there’s still time for Fido to make up his mind.
- The Official Wine of Halloween: As trick-or-treaters stream onto your property, put down your glass of Kim Crawford Sauvignon Blanc and instead pick up some Casillero del Diablo because it’s been the OFFICIAL WINE OF HALLOWEEN since Dec. 23, 2003.
