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.

About ipandentertainmentlaw

Tamera Bennett, nicknamed by her clients as the IP quarterback, develops strategies to protect and leverage each client's intellectual property. She works closely with her clients to implement customized brand management programs. Her clients range from rock star to leadership coach and financial guru to custom motorcycle designer. Prepared with an undergraduate degree in Recording Industry Studies and a law degree from Texas Wesleyan University School of Law, Tamera represents clients throughout Texas and Tennessee in entertainment, trademark and copyright law related matters View all posts by ipandentertainmentlaw

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