Exact copies
Using EVERCHEW or EVER CHEW for pet products will create an obvious source-confusion problem.
How EverChew® protects our brand.
The think our brand name is awesome, and we love our logo dog with the flipped up ear. This page summarizes how EverChew let's customers know that they're using quality EverChew products. These are actually more valuable than our patents.
A trademark helps customers know who made a product. And governments realize that consumer confusion is bad for business, which in turn is bad for the economy. So trademark protection isn't limited to someone copying the name EVERCHEW letter for letter. A different name can also raise a trademark concern when it is close enough in sound, appearance, meaning, or overall impression that a shopper would think the products come from the same company.
That is why a sound-alike spelling such as EverChoo, or even a close phrase like Forever Chew, would bee infringing on our brand.
Using EVERCHEW or EVER CHEW for pet products will create an obvious source-confusion problem.
Different spelling can cause a conflict
does not necessarily avoid a conflict if a consumer thinks it could be the same brand (i.e., EVARCHEW, CHEWEVER)
The meaning of the works also matter. That's why EVERGNAW or FOREVER CHEW would raise a stink.
A word mark is the most commonly understood trademark--just limited to words. EverChew uses the EVERCHEW word mark for pet chews, chew holders, and related products. It's registered in the In the United States and other countries where we've sold the holders. Below is some info about each of the locations where it's registered.
EVERCHEW
U.S. Reg. No. 6,835,404
Serial No. 90/766,672
Registered August 30, 2022
EVERCHEW
U.S. Reg. No. 7,130,579
Serial No. 97/414,591
Registered August 8, 2023
EVERCHEW
WIPO IR No. 1,751,449
EVERCHEW
Classes 21 and 31
EverChew claims copyright to the original art of the EverChew logo. We also protect the logo as an unregistered trademark. That's why it has the TM symbol next to it. We haven't yet gotten official registration which would give it the circle R symbol like our EVERCHEW word mark.
While the registered EVERCHEW word mark and the dog's head with chew logo are related, but they're not the same legal thing. The word mark protects the "brand word" that consumers will recognize. But the logo also is recognizable and is used to identify EverChew as the source of our products.
The original EverChew logo artwork was designed by Kimberly Grau of Austin, TX. Her artwork helped establish the visual identity that customers recognize as EverChew. You can see a blog describing the process she used here.
Trade dress is the overall look of a package that can help shoppers recognize who made it. It includes the arrangement of visual features such as colors, shapes, labels, etc. of a package. The best known trade dress is the distinctive shape of a Coke bottle.
At EverChew we've developed a distinctive trade-dress that we claim rights to for our refill pouches of dog chews. That "presentation" is made up of a clear window in the lower portion of the pouch where the consumer can see the pre-drilled holes in the refill dog chews. Trade dress protection is a legal judgement call. It's not like we can claim the rights to using a pouch with a window where you can see dog chews. It's the overall combination of the pouch, window, and visible sticks with holes that make up the trade dress.
Copyright covers more than just the logo. It also covers the words we've written on our website and the photos that we've taken and used here. Those are also protected so that people can't just copy, for example, this page and put it on their own website. Because of that, we're supposed to make this statement: EverChew claims copyright in the original creative content published on EverChew.com, including original text, photographs, illustrations, graphics, and other original visual or written material.
Original EverChew website content is claimed as copyrighted. Except as allowed by law, protected content may not be copied, republished, or adapted for another business without permission.