From Kimono, through #KimOhNo, to Skims: A branding nightmare for Kim Kardashian
#KimOhNo became a symbol of the backlash to Kim Kardashian’s attempt to register a trademark for her new line of shape wear, Kimono.
The distinction between substantive and non-substantive reasons for trademark dismissal generally lies in whether the grounds for refusal or dismissal are related to the core requirements and characteristics of the mark itself (substantive) or if they involve procedural or administrative issues (non-substantive).
Substantive reasons include issues with the mark's distinctiveness, a similarity conflict with other already registered trademark(s), inclusion of prohibited symbols, perceived deceptiveness or violation of public policy, etc. Overcoming them often involves submitting legal arguments and additional evidence or amending the application.
Non-substantive reasons include administrative and formal issues, such as errors in the intended owner details or missing payment. Correcting them is usually pretty straightforward but can unnecessarily prolong the trademark registration process.
If you are not sure which type your office action falls under (or, more importantly, what to do about the issues mentioned in the office action), it's recommended to consult a trademark attorney who can help you understand the office action and take appropriate steps to save your application.
Does upper/lower case make any difference in trademark registration?
I would like to have my trademark for my sales in Canada and also in the USA. Is it possible?
Does the inclusion of a space " " in the word make any difference in trademark registration?
Can I use the word and image trademarks separately if I register them together?
We have multiple partners to be listed as joint owners of the trademark. Is this possible?
What's the difference between the use-in-commerce and intent-to-use basis?
Will a change of font have an impact on word mark registration?
Can I apply for the trademark even if it's not used in commerce yet?
Is there any difference between lowercase/uppercase in trademark name registration?
What colour version of the logo should I choose when registering a trademark?
How much time do I have to respond to a trademark specimen refusal?
How can I raise an opposition against somebody else's trademark?
What is better - owning a trademark as an individual or as a business?
How long does it take for the USPTO to review my response to an office action?
Our team of experienced trademark attorneys is here to help you! Simply send us an email outlining your request and we'll be happy to assist you.