CRACKLING FIRE

What this record means

The record shows that “CRACKLING FIRE” is a live, registered mark on the Principal Register owned by Suntory Flowers Limited, a corporation organized in Japan. The mark protects the sale and distribution of live plants, seedlings, live flowers and hay under class 031, with first use in commerce on March 29 2004. A similar name would raise the closest concern for any business dealing in those same live plant products, especially if the name is used in a way that could be confused with the registered mark. The record does not give the owner control over every use of the words “crackling” or “fire” in unrelated contexts. The prosecution history shows a straightforward allowance and registration with no descriptiveness refusal or Supplemental Register movement. The most recent event is the renewal of the registration on September 3 2016, and no opposition or enforcement actions appear in the supplied history. For someone considering a similar name, the risk is that using it for live plant goods or services could lead to a claim of infringement.