TMF recently achieved a meaningful result for a CPG client when we filed a Letter of Protest that challenged the protectability of CHILI CRUNCH which was accepted by the USPTO. In fact, it was the only such letter accepted! Shortly thereafter, Momofuku, the applicant, expressly abandoned their trademark application.
While this is a significant step, it is important to note that Momofuku still holds a separate trademark for CHILE CRUNCH.
After backlash from his original attempt to keep other businesses from using the term, David Chang, Momofuku’s founder, publicly stated his support for making the condiment name generic. But as of now, the CHILE CRUNCH registration remains active, which means the USPTO could still block future applications deemed confusingly similar.
With the CHILE CRUNCH trademark up for renewal starting next week, TMF will be watching closely to see what happens. We believe it is critical to keep common terms from becoming “locked up” and we are proud to help push for fair outcomes in this space. For more on the good news, see the article here.
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