Pumpkin Trademarks

’m going to be honest here, Halloween is our favorite holiday. It has all of the coolest things—the costumes, the candy, the get-togethers, the movies and shows. It’s just fun and exciting. This excitement, of course, spills over into what we do, too: Trademark Law. This year, we’re going to take a moment to look at some pumpkin-related trademarks. Pumpkins are a popular symbol of Halloween, and they’re also often integrated into trademarks as well.

a lit jack-o-lantern with smoke emanating from the cutout face and top

I’m going to be honest here, Halloween is our favorite holiday. It has all of the coolest things—the costumes, the candy, the get-togethers, the movies and shows. It’s just fun and exciting. This excitement, of course, spills over into what we do, too: Trademark Law.

This year, we’re going to take a moment to look at some pumpkin-related trademarks. Pumpkins are a popular symbol of Halloween, and they’re also often integrated into trademarks as well. There are hundreds of active trademarks that include some form of the pumpkin in their name. Some of these trademarks are well-known and widely used, such as PUMPKIN SPICE LATTE and PUMPKINHEAD. Others are more obscure or creative, like PUMKING, TWOPUMPKIN, and PUMPKINSTEIN

But what makes a good pumpkin trademark? And how can you protect your pumpkin-related brand from potential pumpkinfringers? Here are some tips and examples to help you out in the pumpkin patch:

  • Choose a distinctive and memorable name for your product or service. A distinctive name is one that is not generic or descriptive of the product or service, but rather suggests or implies its qualities or characteristics. A memorable name is one that is catchy, easy to pronounce, and appealing to the target audience. A good example is the trademark LUMPY PUMPKIN, which was just registered this year for clothing and apparel. The name is fun, has a rhyming element to it, and is unrelated to its goods and services. 

  • Conduct a thorough trademark search before applying for registration. A trademark search can help you avoid conflicts with existing trademarks that are identical or confusingly similar to yours. A trademark search can also help you identify potential opportunities or gaps in the market for your product or service. Especially if you are planning to use some form of the word pumpkin, as we mentioned above, there are already a lot of pumpkin-inspired trademarks out there. You’ll want to make sure that yours isn’t already taken. It is advisable to consult with a trademark attorney who can perform a more comprehensive and accurate trademark search for you and give you solid advise about your pumpkiname.

  • Register your pumpkinmark with the USPTO. A trademark registration can give you the exclusive right to use your mark in connection with the goods or services that you specify in your application. It can also provide you with several benefits, such as:

    • The ability to sue anyone who infringes on your mark, and seek damages or injunctions.

    • The right to use the ® symbol next to your mark, which indicates that it is registered and protected by law.

    • The presumption of validity and ownership of your mark throughout the United States.

    • The possibility of extending your protection to other countries through international treaties and agreements.

  • Monitor and enforce your pumpkin trademark rights. A trademark registration is not enough to protect your brand from unauthorized use by others. You also need to monitor the market and the internet for any potential infringers who may use a mark that is identical or even confusingly similar to yours, in a way that causes confusion among consumers about the source or affiliation of the products or services. If you find any infringers, you should take appropriate action to stop them, such as sending cease and desist letters, filing oppositions or cancellations, or initiating lawsuits.

These are some of the tips and examples that can help you create and protect your pumpkin trademarks. If you need more assistance, please contact us. We’d be happy to help you with your pumpkin name.