Who owns the trademark to “Sweet As”?

Who owns the trademark to “Sweet As”? -- and what can Charlie Sheen teach Kiwi business owners?

Wannabe entrepreneurs and business owners can take a lesson from Charlie Sheen on how to turn invented words and phrases into cash, by applying to register them as trademarks.

Theodore Doucas of Zone Law and a consultant for Zone IP -- an intellectual property management consultancy in Wellington – said that while the actor comes across as wild and erratic, he’s demonstrating more entrepreneurial sense than most.

The Two And A Half Men star’s recent move to trademark 22 catchy phrases like “Tiger blood,” “Violent torpedo of truth,” and “Adonis DNA” for use on promotional items like t-shirts and mugs, demonstrates that taking interesting phrases and protecting them, can be profitable.

“You don’t necessarily have to be famous. For example, the original yellow smiley face was created in December 1963 by Massachusetts graphic artist, Harvey Bell, for a State Mutual insurance company campaign.

“Neither Bell nor The State Mutual Insurance company registered their trademark, so neither made any money from it.”

Mr Doucas said that in New Zealand anybody can register any slogans they want, provided they use them on the goods and services they are providing -- such as printing them on to clothing or key rings – but if the phrases are not used within three years, they can be revoked.

“It’s not expensive or difficult either, but it is advisable to use a professional because it does require a considered approach -- not all applications are successful.

“For example, Coca Cola tried unsuccessfully to register the Kiwi colloquialism “Sweet as”, but Mars Bars did it successfully, in relation to their products.

“Trademarks are an investment and they can make you money, but only in relation to the goods and services you specify. You don’t get a monopoly over all goods and services and it is best to register invented slogans before they become commonly used,” said Mr Doucas.

About Zone IP

ZONE IP is an intellectual property management consultancy providing authoritative advice in trademarks, copyright and branding. ZONE IP is headed by a former Assistant Commissioner of Patents, Trade Marks and Designs of the Intellectual Property Office of New Zealand (IPONZ).

ends

© Scoop Media