Registering Rain Dancer

Trademark Registration Specimen for Rain Dancer

One hard cider company that won't be dancing in the rain, and a clear demonstration of the importance of renewing your trademarks!

A recent applicant attempted to register the trademark "Rain Dancer" for their hard cider beverage. The examining attorney denied them, because there was a likelihood of confusion with a wine brand using the trademark "Rain Dance."

When a trademark has been registered for 5 years, the trademark must be renewed to maintain the benefits of registration. As an added perk to renewal, a brand that renews its trademark gains "uncontestable" status. This means that a trademark becomes immune from "likelihood of confusion" challenges.

"Rain Dancer" was almost safe. The applicant had registered a trademark for "Rain Dancer" eight years previously, but did not renew after five years, instead letting their trademark lapse. This left Rain Dancer vulnerable to a "likelihood of confusion" denial when they applied again.

This was an entirely avoidable refusal, which could have been prevented with a simple renewal after the trademark had been held for five years.