We have mentioned in a prior post that, unlike a patent, a trademark registration can last forever. If you continue to use the mark with the goods or services described in the registration, then the registration may be indefinitely renewed so long as the required paperwork and fees are paid.
We decided to see the longest-running “live” registrations for marks containing the words HALLOWEEN and THANKSGIVING.
There are currently 115 active trademark registrations containing the word HALLOWEEN. Interestingly, of those 115 HALLOWEEN-containing marks, just 56 of them have disclaimed the word “HALLOWEEN.” Ordinarily, descriptive terms must be disclaimed from a mark, so an application for “ACME HALLOWEEN COSTUMES & MORE” as used with Halloween-related goods would have to disclaim “Halloween” (if not “Halloween Costumes & More”). However, if the mark is HALLOWEEN as the brand of a car or accounting services, then the USPTO would probably not require a disclaimer.
The oldest live registration containing HALLOWEEN is “HALLOWEEN HAUNT,” registered in 1989 and claiming first use of the mark in 1987 for amusement park services. It is owned by Cedar Fair, L.P., which owns the trademark registrations for CEDAR POINT and KNOTT’S BERRRY FARM and related marks. This is the specimen from a 1987 newspaper (the mark is at the bottom):
We also checked THANKSGIVING:
There are just 28 live registrations containing the word THANKSGIVING, with 6 of those registrations disclaiming “THANKSGIVING.”
The oldest but still live THANKSGIVING-containing trademark registration is….?
MACY’S THANKSGIVING DAY PARADE
That registration was issued December 1, 1998 but claims a first use of the mark in commerce in 1924. “THANKSGIVING DAY PARADE” is disclaimed from the mark.
(Yes, we checked CHRISTMAS, too. There are over triple the number of CHRISTMAS-containing live registrations as HALLOWEEN-containing ones!) 588 LIVE w/ 238 of those containing disclaimers of CHRISTMAS.)
Of course, these search reports are snapshots-in-time, and what is the longest-running now may not be six month’s from now.
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