Dear Rich: Nolo’s Patent, Copyright & Trademark Blog

Dear Rich: Has anybody patented a system for storing cremated remains in a plush toy? I'm so glad you asked. Take a look at patent No. 7308741 -- huggable cremated remains storage systems -- issued today by the USPTO. According to the patent, "The present invention comprises a "plush container", such as a stuffed animal, and further comprises ornamental symbols or similar features ..." The patent also covers versions in which you can customize your plushie to include "photographic and similar graphic imprinting." Shout outs to inventors Mary Rydberg and Sharon Robinson of Arizona for providing potential plot material for the next Wes Craven (or is it Joe Dante?) film.

Has anybody patented an urn that has a storage compartment for memorabilia? Sure thing. Check out patent No. 4324026 -- cremation urn with readily accessible memorabilia compartment -- by William K. Craft, not to be confused with the multicompartment funeral urn by Clement Poirier.

Has anybody patented a storage unit for ashes that looks like a book? Absolutely. If you're looking for some light reading and your Kindle is on the fritz, check out inventor Gustav Bachofner's book Urn (Patent No. 3167844).

Has anybody patented a lawn ornament that stores remains? Oh yeah. I don't know if the patent covers garden gnomes, but you can check out the combination lawn/garden ornament and cremation container from Daniel J. Parker and Mark Thesken (Patent No. 5794318).

Has anybody invented a combination of funeral urn and cigarette ash receptacle? Let's not go there.

And, to find out how you can make legally sound patent drawings like the one above,  see Jack Lo & Attorney David Pressman's How to Make Patent Drawings: A Patent It Yourself Companion (Nolo).

Dear Rich: Can a vampire function as a trademark for children's cereal? General Mills' advertising agency thought so. It was 27 years ago this week that GM acquired the federal trademark registration for Count Chocula, the breakfast cereal that formed part of the company's Monster Cereal line including Fruit Brute, Yummy Mummy, Boo Berry, and Franken Berry. Only Franken Berry and the Count have survived the retail wars, and as some historians have noted, General Mills mysteriously refuses to acknowledge that Yummy Mummy was part of the Monster line - go figure.
What was different about the monster line? The Count and his buddies signaled a minor change in the intellectual property approach of breakfast food makers - moving from the historically positive nutrition claims and brand-positive marks (think Wheaties -- Breakfast of Champions) to bad-boy branding and an openly 'who cares' attitude about nutrition.
Can a vampire-derived sugar-laden cereal survive in 2007? Of course, the Count has had to adapt. He began to take on a healthy glow proclaiming he was fortified with eight essential vitamins. And in 2007, the back of the packaging -- in what is referred to by nutritionists as 'wheat-washing' -- included a scientific-looking questionnaire about diet and health while the front of the box proclaimed that Count Chocula was 'Made with Whole Grain'. (I guess 'Made with Whole Marshmallows' wasn't going to fly.)

To learn more about how you can obtain and enforce your own trademarks, check out Trademark: Legal Care for Your Business & Product Name, by Attorney Stephen R. Elias (Nolo).