Kentucky Fried Chicken a/k/a KFC took its brand to a whole new level with the KFC fire log. Now, you can have the smell of KFC’s fried chicken not just at dinner time, but all day long. At least you could have had that smell if you were lucky enough to get your hands on one. Apparently, the KFC fire log sold out in hours.
KFC’s decision to launch a fire log under its well-known KFC brand is a bold, but helpful brand extension. It is helpful because brand extensions increase the strength of the mark. The more opportunities consumers have to encounter a mark, the more likely they are to associate the mark with a single source.
It is also a common misconception that a trademark must be used at all times otherwise the trademark rights are abandoned. A trademark must be continuously used, but that use needs to be consistent with the nature of the goods or services being offered for sale. In this case, KFC is offering the logs for a limited time. So long as KFC repeats this activity in 2019, it will be able to maintain its trademarks rights for KFC in a fire log.
Another good example of this are businesses at county or state fairs. There are several businesses that exist solely to sell their goods for a limited time during a state or county fair. But they do this every year and don’t lose their trademark rights when the fair closes for the year.
What is also interesting about the article is KFC’s statement that “[t]he smell of the Colonel’s Original Recipe fried chicken is unmistakable.” This statement suggests a non-traditional trademark in the form of a smell. The definition of a trademark in the Trademark Act is extremely. It says that anything can function as a trademark provided it is capable of distinguishing and indicating the source of goods or services. If the smell of the Colonel’s fried chicken is unmistakable, then pursuing non-traditional trademark protection may be worth considering. These types of trademarks generally require more effort to protect, but they are a great addition to any trademark portfolio.