CRONUT - a donut? a croissant? a trademark?

A CRONUT is part donut and part croissant and  Dominique Ansel, a baker in New York, claims trademark rights in the brand CRONUT for a variety of baked goods as well as prepared baking flours and mixes.  A trademark application was filed with the US Patent and Trademark Office on May 19, 2013. Other bakeries say it's getting a little hot in the kitchen as the idea of a pastry that is half donut and half croissant is not new.  A trademark, which serves as a brand identifier, does not protect the idea of combining a donut and croissant.

It looks like Ansel does have a trademark battle in front of him already.  Trademark applications have also been filed by third parties for CRONUT HOLE and CRONUTS.

Ansel has fame on his side.  Take a look at Jerry Seinfeld's addiction to CRONUT brand pastries.

Ansel might consider updating his website to refer to  a CRONUT pastry rather than saying things such as "how to buy your CRONUTs."  While I don't think the term CRONUT  is generic, Ansel still needs to take steps to protect the strength of his brand by using the name as a brand and not a descriptive term.

And, yum - I'm hungry - somebody send me a CRONUT pastry.

Tamera H. Bennett

Tamera H. Bennett is a wife, mom, lawyer, mediator, blogger, podcaster, and legal writer. For two decades she’s helped clients protect what they create by practicing trademark, copyright and entertainment law in Texas and Tennessee.

Tamera has co-hosted more than 85 episodes of the Entertainment Law Update Podcast since 2009. And, she’s been honored to write for BILLBOARD magazine and the TEXAS LAWYER.

In the summer of 2015, Tamera backpacked 100 miles over 10 days with her son's Boy Scout Troop. Tamera walked her first half-marathon in 2012 and walked the Cowtown Half Marathon in February 2016 and February 2017 with a PR each time. You can visit Tamera’s blog at createprotect.com and follow her on Twitter @tamerabennett.

http://www.tbennettlaw.com
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