News & Insights

As the year draws to a close, the holiday season brings with it the traditional symbols – from Santa Claus and Christmas trees to menorahs and more. For those immersed in trademark registration, a pertinent question arises: Can holiday names themselves be registered as trademarks, or as part of a trademark? And what about the incorporation of holiday symbols?

Apple is seeking to expand its trademark protection by registering a trademark for the actual shape of an apple depicted in black-and-white. While the shape of an apple is considered generic and freely usable for certain goods like fruits and produce, Apple argues that for other products, the shape is distinctive and arbitrary, making it eligible for trademark registration. However, this raises some important questions and concerns.

A trademark clearance search is an important and recommended preliminary step before filing a trademark application. A trademark clearance search helps to identify any issues with a proposed mark before filing. A search can cover a proposed company name, brand name, product name, slogan, or logo.