Sad Monkey - A brief lesson in trademarking

Yes, I know, I promised a post about the recent food adventures in Utah and Las Vegas, and you'll get that tomorrow, but first I would like to address a little beef (and I'm not talking about veal).

I began looking into registering a trademark for the name "Kitchen Monkey" to protect it from fiendish interlopers, when I discovered that a year and a half ago some internet startup bloke regsitered the name "Kitchen Monki" for a recipe site. Now, I've looked at the site, and frankly, I like it just fine. But WHY....WHY....WHY did he have to use the name "Kitchen Monki"?????? Granted, he altered the spelling. Who knows, perhaps because he saw that this blog has been in operation since 2004 and he might have some trademarking problems of his own.

Yes yes, it's my damn fault for not registering sooner. Trademark law rewards the attentive (or may I say, opportunistic). And yes, I could still fill out a registration application and hope that my spelling will make it past some attorney at the trademark office. But if it doesn't--if that attorney thinks it's too similar to "Kitchen Monki"-- I have to eat the $350 non-refundable application fee! Sheesh. I don't have that kind of extra cash laying around right now, so let's take a vote:

(1) continue on as "Kitchen Monkey," hope the person behind "Kitchen Monki" is content to leave this blog alone, hope that no future person trademarks "Kitchen Monkey," and give up any notions of a book deal under that name (ha ha ha).

(2) change the name of this blog and register it with the trademark office so this doesn't happen again. I am loathe to change the name, since I've been Kitchen Monkey for six years now. And I like the banner graphic too. Hmmmmm . . . "Kitchen Velociraptor"? "Kitchen Black-Spined Atlantic Tree Rat"?
On the off chance that I have any readers who are intellectual property attorneys, your opinions are most welcome.



Anonymous said...

Don't change the name! But if you do, change it to "Kitchen Liger."

Kitchen Monkey said...

Thank you for your suggestion, and it's funny you mention it, since that name came up just last night. Apparently Napoleon Dynamite's influence still pervades. While Ligers ARE majestic freaks of nature, I'm not sure they capture the spirit of this blog as well as our primate cousins. We're getting off topic, but do you know about "pumapards"? For real: http://en.wikipedia.org/wiki/Pumapard

French sis. said...

Kitchen Pumapard? I like it. No, seriously don't change the name! Any idiot would see that your blog has born this name for years... right? Besides, it fits you (and otherwise, how would you explain giving the kids this little monkey doll as a symbol of your attachment to them? Hum? You might have a hard time finding a plush liger or pumapard. Just something to consider.)

Christina said...

Don't change. If you have bonafide proof of being around prior to the interloper, than they shouldn't have a case.

I checked out the other site....your's is much better.