TODAY’S TRADEMARK – COLLINGS

Collings Guitars is an Austin, Texas based stringed instrument manufacturer. The company was founded in 1973 by Bill Collings (August 9, 1948 – July 14, 2017) who in 2008 was called “one of the most recognized and respected names amongst aficionados of modern acoustic instruments”.

Collings’ trademark application was made on March 31, 2019, with Gibson’s opposition filed on June 17, 2020.

In the notice of opposition, Gibson claims it believes it “will be damaged by the registration” of Collings’ headstock trademark, on the grounds of its similarity to three Gibson headstock designs: the classic Dove Wing design; 1939 Emperor design (commonly seen on Epiphone models); and the 1963 Epiphone design, which was recently revived for new models from the brand.

Gibson notes that it has been using its own designs “at least as early as 1922”, and they “are distinctive to both the consuming public” and the guitar trade as a whole. The notice’s first ground for opposition claims that the Collings headstock so resembles Gibson’s designs “as to be likely to cause confusion, or to cause mistake, or to deceive with respect to the source or origin” of Collings’ guitars.

Secondly, it is claimed that should the trademark be granted, it “would be likely to impair the distinctiveness, and cause dilution by blurring” of Gibson’s designs.

The Collings was assigned by the United States Patent and Trademark Office (USPTO), bearing registration number 88364718 on 23^rd September, 2002.