We are are not trademark attorneys, as such this article should not be treated as legal advice. (Please see the three BOLD paragraphs at the end of the article denoted with an *)
If you are on any social media platform, it’s possible you have seen at least one post about ” JUNETEENTH ” being owned by a non-minority owned entity. What’s not being included in these posts is some foundational information. So before we get into who owns ” Juneteenth “, we have to first understand the meaning of the trademark ™ symbol vs the meaning of registered trademark ® symbol.
In a February 12, 2019 article, titled: ” Differences Between a Copyright, Trademark & Registration” , online outlet CHRON. , details the difference between the ™ and the ®.
Trademarks for Words, Symbols, Devices or Names
Trademarks are for words, symbols, devices or names that are used to distinguish the goods of one manufacturer or seller from that of another. Any distinctive name, symbol, or word is designated as trademarked with the symbol ™. The trademark designation notifies others that the product’s name and design are the company’s property.
However, this trademark does not protect the company from another company that produces a similar product or uses a similar name. If such a thing were to happen, the original company would have to prove that it produced the name or design first, but still may not have a legal defense without a registration.
Registration (Or Registered Trademark)
A registered trademark is designated with the symbol ®. With a registration, a trademark is protected against another company’s use of the name or image. A registered trademark is a federal and legal registration of the mark.
Any future companies wishing to register its own design/name/image has to check to be sure that it is not like any registered trademarks. If the image is too similar and is still produced, the company is guilty of trademark infringement.
Trademarks can be registered through the U.S. Patent and Trademark Office (USPTO) . First, you search the online database (Trademark Electronic Search System or TESS) to determine that your mark is not claimed. Once you have determined that your mark is unique, fill out a trademark application and present a representation of the mark. The registration process can be lengthy, taking about four months to receive a response to your application. The registration lasts 10 years, but must be verified between years five and six to confirm that the trademark is still in use.
| Keep in mind that using the ™ symbol, before and during the registration process is common practice. |
SO WHO OWNS JUNETEENTH?
Well, since December 22, 2021 and as of 11:00 PM CST, May 23, 2022 it was not Balchem Corporation, as many social media posts indicate.
“But it’s on the internet so it has to be true” . NOPE!
What many posters have failed to do is go beyond a Trademark Electronic Search System or TESS search, which only shows you an application has been submitted. As of this articles publishing 52 applications existed for some variation of ” Juneteenth ” and only 11 of those have the distinction of being officially registered with the USPTO, and the Balchem Corporation’s application is not one of them.
Per the USPTO’s TSDR records, serial #97008500, Balchem did indeed submit an application to register ” JUNETEENTH ” On September 2, 2021 under class 46, for use as “Flavor enhancers used in food and beverage products; Bakery goods and dessert items, namely, cakes, cookies, pastries, and frozen confections for retail and wholesale distribution and consumption on or off the premises excluding candies and popcorn” . However on December 22, 2021 Balchem’s application was issued a “LETTER OF SUSPENSION”, which states:
OK, SO WHO OWNS JUNETEENTH?
That’s right plot twist, Balchem’s application was suspended because of another application……. Serial # 90782135 for ” JUNETEENTH JOY ” filed on June 18th, 2021 under class 46, for use as ” Candy; Popcorn ” by an individual. As of February 15th, 2022 the applicant of “JUNETEENTH JOY” had six months to file a Statement of Use or Extension Request in response to the USPTO’s issuance of Notice of Allowance (NOA) of their application.
If the “JUNETEENTH JOY” applicant does not respond within six months, it is possible for another entities application to be examined for approval as a class 46 good or service.
(although application information is public record, OURCONIC will not include the individual applicants name or details)
SERIOUSLY, WHO OWNS JUNETEENTH?
As a flavor enhancer, candy, popcorn, or any other good or service that does not have the likelihood of confusion with another registered good or service ” JUNETEENTH ” could belong to anyone. However as a holiday, a celebration, a day of remembrance, we the people own ” JUNETEENTH “, no ™ or ® needed.
Update:
Balchem Corporation has abandoned their “ JUNETEENTH ” trademark application as of May 24th, 2022.
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Sources:
https://smallbusiness.chron.com/differences-between-copyright-trademark-registration-780.html
https://tsdr.uspto.gov/#caseNumber=97008500&caseType=SERIAL_NO&searchType=statusSearch