Luke Bryan has the 32 Bridge trademark - But not "Food + Drink"

The world of trademark is not as simple as one might think. And that is what lawyers are for. When Luke Bryan winds up the CMA Music Festival Sunday night at Nissan Stadium in Nashville, he will have a single registration for the 32 BRIDGE mark that salutes his Georgia heritage. But the restaurant and bar mark won't yet be registered. 

And if you're thinking that one registration covers all uses and possible uses, think again. If you're filing for a merchandise/clothing, you're not automatically protected for restaurants and bars.

In fact, there are really two types of marks: "Trademark" is a universal term, but some marks are really used as service marks. There are 45 international classes, mostly used for administrative purposes by the United States Patent and Trademark Office ("USPTO"). The big point of administration for you is that you pay an extra fee of at least $225 if you apply for more than one class of goods or services. The first 34 classes are for goods, and the last 11 are for services.

Back to the Luke Bryan illustration. Thomas Luther Bryan currently owns an International Class 25 trademark for "Clothing namely tops, shirts, T-shirts, jerseys, sweatshirts, jackets, bottoms, pants, sweatpants, shorts, loungewear, lounge pants; headwear; hosiery" 

He filed his application through counsel on January 28, 2014. A registration issued on April 4, 2017. It normally doesn't take this long for a registration to process. But be mindful that one must begin actually using a mark before it registers. The normal time window is about four to six months. If you are using your mark when you file your application, less time is involved.

Mr. Bryan also applied for registration of 32 BRIDGE for sunglasses and accessories of the same - International class 9. But he apparently decided not to move forward, as he abandoned this application. 

Luke's 32 Bridge Food + Drink opened in downtown Nashville in the last year or so, and Luke celebrated by playing a free show on Lower Broadway. He filed a Class 43 application for "Restaurant services; Bar services; Catering services; Providing information in the field of food preparation ..." etc. on June 20, 2018. This application is still pending. Since he is using this service mark, it is just a matter of time until his mark registers in this class.

Be mindful that, regardless of classification, any mark that is applied for cannot so resemble a mark already registered "as to be likely, when used on or in connection with the goods of the applicant, to cause confusion, or to cause mistake, or to deceive."

And if you're using 32 BRIDGE for a clothing line, it's a good bet that it isn't going to be confused or mistaken for a restaurant and bar.

Hence the need for another trademark application for Luke Bryan. And another legal fee too.