Monday, April 9, 2018

Asahd Khaled's Company Spends $17,325 to File Applications to Register His Name as a Trademark

Like any proud dad, musical phenom DJ Khaled loves showing off his son, Asahd Tuck Khaled, who is about a year and a half old. Asahd is already so famous that his Instagram account has over 1.8 million followers. And recently, like most celebrity parents, his parents organizing the filing of applications with the U.S. Patent and Trademark Office ("USPTO") to register his name, and variants thereof, as trademarks.
On April 4th, ATK Entertainment, Inc. (ed. - short for "Asahd Tuck Khaled"?) filed three federal trademarks applications with the USPTO - one for ASAHD, one for ASAHD KHALED, and one for ASAHD TUCK KHALED. All three applications cover the same, incredibly broad range of goods and services spanning 21 classes. Some of the goods and services covered by these applications include:
  • Fragrances; Perfumes; Cosmetics (Class 3);
  • Baby food; Nutritional supplements (Class 5);
  • DVDs, CDs, and audio and visual sound recordings featuring musical performances (Class 9);
  • Baby teething rings; Pacifiers (Class 10);
  • Baby carriages, baby strollers (Class 12);
  • Jewelry (Class 14);
  • Books in the field of music, motion pictures, and musical performers (Class 16);
  • Handbags (Class 18);
  • A variety of clothing (Class 25);
  • Basketballs, baseballs, footballs (Class 28);
  • Breakfast cereals (Class 30);
  • Online retail store services featuring music, musical recordings, motion pictures, clothing and clothing accessories (Class 35);
  • Entertainment services by a musical artist and producer, namely, musical composition for others and production of musical sound recordings; production of television programs; entertainment services in the nature of ongoing television programs in the field of children's entertainment, fashion, music, dance and sports (Class 41)
Because the USPTO charges filing fees per class, ATK Entertainment paid $5,775 in filing fees per application, or $17,325 total for all three (not including any fees paid to the law firm that filed the applications - Edell, Shapiro & Finnan, LLC in Gaithersburg, Maryland). Those fees top the approximately $12,000 Beyonce paid last June to file applications for the names of her twins.

If you aren't convinced these applications are actually associated with the real Asahd Khaled, below is a written consent signed by Asahd's mother and DJ Khaled's wife - Nicole Tuck - consenting to the use and registration of Asahd's name as a trademark. A written consent was filed for each of the three applications.

The written consent above is required because Section 2(c) of the Trademark Act prohibits the registration of a trademark consisting of or comprising a name, portrait, or signature identifying a particular living individual, except with that individual's (or in this case, their guardian's) written consent. Section 2(c) doesn't just apply to full names, but to nicknames, shortened names, pseudonyms, and stage names as well. TMEP 1206.01.

Before Asahd's trademarks can register, ATK Entertainment will need to start using his name as a trademark in conjunction with those goods and services listed in the applications and submit sufficient proof of same to the Trademark Office. In other words, don't be surprised if you see ASAHD cologne, or ASAHD jewelry, in the near future.

According to my quick search, these are the first federal trademark applications filed by ATK Entertainment, Inc.

Wednesday, April 4, 2018

Vice President Mike Pence's Daughter (and Wife) File Applications to Register Their Rabbit, Marlon Bundo, as a Trademark

Do you know BOTUS? Aka Marlon Bundo, the Bunny of the United States, and the pet of Vice President Mike Pence's daughter? He's now the subject of two federal trademark applications.

On March 29, Charlotte Pence, the Vice President's daughter, and Karen Pence, the Vice President's wife, jointly filed with the U.S. Patent and Trademark Office two trademark applications related to the bunny - one for the drawing seen to the right and another for the words MARLON BUNDO. Both applications cover the same broad range of goods, including:
  • Books in the field of subject matter of interest to children (Class 16);
  • Downloadable electronic books in the field of subject matter of interest to children (Class 9);
  • Downloadable motion pictures and television shows about subject matter of interest to children (Class 9);
  • Prayer books (Class 16);
  • Pet feeding and drinking bowls (Class 21);
  • Educational toys for teaching and testing knowledge relating to the politics, political process, and political history of the United States (Class 28); and
  • Toy animals (Class 28).
The Vice President's wife and daughter filed both application on an intent to use basis, suggesting they are not using these designations as trademarks in conjunction with all the goods listed in the applications, but have a bona fide intention to do so in the near future. 15 USC 1051(b); TMEP 806.01(b). Before these applications can mature into registrations, Charlotte and Karen must start actually using the drawing above and the name MARLON BUNDO in commerce as trademarks and submit sufficient proof of same to the USPTO. TMEP 1103.

The trademark applications follow the release of Charlotte and Karen Pence's new children's book featuring the bunny, entitled "Marlon Bundo's Day in the Life of the Vice President." John Oliver, host of HBO's "Last Week Tonight", parodied the book with his own version shortly after its release.

According to my quick search, these are the first federal trademark applications filed by Charlotte or Karen Pence. To see Marlon for yourself, check out his Instagram page, which now boast over 32,000 followers.

Friday, March 23, 2018

Game Livestreamer Files Applications to Register His Face as a Trademark

Brandon M. Dennis (aka Oxhorn) is a musician, author, and game livestreamer and his face (or a drawing of it), at least according to a recent trademark application, is his trademark.
On March 19th, Oxhorn, LLC  filed five federal trademark applications, including two covering the drawing above. Brand Dennis is listed as the governing person of the LLC, according to the Washington Secretary of State's website. The applications for the drawing describe the trademark as "the image of a man's face who is wearing a hat and a beard and that is smiling while holding a cigar between his lips."

The applications cover a variety of services in Class 38 and Class 41 (hence two applications) related to video games and short live action and animated shows over the internet, including:
  • Streaming of audio and visual materials over the internet;
  • Entertainment, namely, live performances featuring video game playing with player commentary and narration; 
  • Arranging, organizing and performing online shows featuring video game playing with player commentary and narration; and
  • Entertainment services, namely, providing on-going webisodes featuring short live action and animated shows via a global computer network
According to the applications, Oxhorn has been using this drawing as his trademark since September 27, 2017. The specimens submitted with the applications, seen below, show Oxhorn is using this drawing as his YouTube avatar (click to make bigger). He is also using it as his Twitter profile picture and his Facebook profile picture.

Can a drawing of someone's face serve as a trademark? Sure, if it is used as a source indicator. No Limit, LLC (owner of the Newman's Own trademarks), for example, owns several trademark registrations for an artistic rendering of Paul Newman's face. But is using a drawing as a YouTube, Twitter, or Facebook profile picture (assuming that's the only way Oxhorn is using it) sufficient to demonstrate use of the drawing as a trademark?

TMEP 1301.02(b) may provide some guidance "a name or design of a character does not function as a service mark, unless it identifies and distinguishes services in addition to identifying the character.  If the name or design is used only to identify the character, it is not registrable as a service mark." Does Oxhorn's use of the drawing above identify and distinguish services in addition to identifying Oxhorn? We'll find out what the examining attorney assigned to this application at the U.S. Patent and Trademark Office thinks in approximately three months.

Note also that, because these applications are for a portrait of Oxhorn, and Section 2(c) of the Trademark Act prohibits the registration of a mark consisting of a living individual's portrait without that person's written consent, Brandon Dennis will likely need to provide his written consent before this mark can register. See also TMEP 1206.01.

On the same day Oxhorn, LLC filed the two applications for the drawing of Oxhorn's face, it also filed three other applications to register OXHORN as a trademark. Those applications cover services in Class 38 and Class 41 similar to those listed in the applications for the drawing. The third OXHORN application covers a variety of clothing items in Class 25.

According to my quick search, these are the first federal trademark applications filed by Oxhorn, LLC.

Wednesday, March 14, 2018

GOLDEN OREO, NILLA, and NUTTER BUTTER Cereals? Maybe, According to Recent Trademark Applications

Your favorite cookies, crackers, and biscuits might soon be breakfast cereals, if recent trademark applications filed by a subsidiary of Mondelez International, Inc. are any indication.
On March 8th, International Great Brands, LLC, a subsidiary of Mondelez International,  Inc. (formerly Kraft Foods) filed applications to registered GOLDEN OREO and NILLA as trademarks with the U.S. Patent and Trademark Office. These trademark applications don't cover cookies, however. They cover "breakfast cereals" in Class 30.

International Great Brands filed both applications on an intent to use basis, suggesting it is not currently selling breakfast cereals under these marks but has a bona fide intention to do so in the near future. 15 USC 1051(b); TMEP 806.01(b).

These applications are only two in a line of "breakfast cereals" applications filed by International Great Brands, LLC since last year - all of which are related to popular cookies, crackers, or biscuits. In May 2017, the food giant filed a trademark application for OREO O's and HONEY MAID. In December 2017, it filed trademark applications for the peanut logo below, NUTTER BUTTER, and CHIPS AHOY!. All those applications also covered "breakfast cereals."
According to my quick search, International Great Brands, LLC owns 317 active trademark registrations with the USPTO, including registrations for a variety of popular snack foods, like OREO, SWEDISH FISH, DENTYNE, RITZ, TEDDY GRAHAMS, NEWTONS, HALLS, and TRISCUIT.

Monday, February 26, 2018

Baker Mayfield's Agent Files Application to Register BAKER MAYFIELD as Trademark for Variety of Apparel & Entertainment Services (Including a Religious Television Series)

Oklahoma's Baker Mayfield, the 2017 Heisman Trophy winner, is one of the top prospects going into this year's NFL draft. And it he appears he is seeking to capitalize on the popularity of his name (and protect it) by filing an application to register it as a trademark with the U.S. Patent and Trademark Office.
On February 24th, Baker Mayfield's agency - Waterhouse Hayes, LLC - filed an application to register BAKER MAYFIELD as a trademark for a variety of apparel in Class 25 and a variety of entertainment services in Class 41. Jacob Perler of Waterhouse Hayes, LLC signed the application.

Some of the goods and services covered by this application include:
  • Men's, women's and children's clothing associated with a professional sports athlete or entertainment celebrity, namely, sports caps and hats, bandanas, sports pants, sports shirts, swimsuits, fitted shirts...;
  • Football, Basketball, and any Sports coaching;
  • Television entertainment, namely, an ongoing television series featuring content in the field of sports and religion;
  • Electronic and video games;
  • Entertainment services, namely, personal appearances by a celebrity and athlete; and
  • Charitable services, namely, providing sporting goods and camps to underprivileged children
Baker's agency filed this application on an intent-to-use basis, indicating the athlete is not using his name as a trademark in conjunction with all these goods and services yet, but has a bona fide intention to do so in the near future. 15 U.S.C. 1051(b); TMEP 806.01(b). Before this application can register, he'll need to actually start using his name as a trademark in conjunction with these goods or services and submit sufficient proof of same to the Trademark Office. TMEP 1103.

In addition to possibly clarifying some of the listed goods and services (which must be concise and cannot be indefinite), the Trademark Office will require Baker Mayfield to give his written consent to the registration of his name as a trademark. Section 2(c) of the Trademark Act prohibits the registration of a trademark that compromises the name or signature of a living individual without that individual's written consent. TMEP 1206 et seq. That consent was not submitted with the application.

According to my quick search, this is the first trademark application for BAKER MAYFIELD filed with the U.S. Patent and Trademark Office. Additionally, it appears to be the first federal trademark application filed by Waterhouse Hayes, LLC.

Friday, February 16, 2018

Ralph Lauren Files Application to Register RUFF LAUREN as a Trademark for Dog Apparel

Are you a Ralph Lauren fan who loves dogs? Does your dog prefer designer clothing? If so, this potential dog apparel line from Ralph Lauren might be for you.
On February 12th, PRL USA Holdings, Inc. (a holding company that owns many of Ralph Lauren's trademark applications/registrations), filed a federal trademark application for RUFF LAUREN with the U.S. Patent and Trademark Office. The application covers the following goods in Class 18:
Dog apparel; dog collars and dog collar accessories namely, bows and charms; dog leashes; dog parkas; dog shoes; dog carrying bags; pet accessories, namely, canvas, vinyl and leather pouches for holding disposable bags to place pet waste.
Ralph Lauren filed this application on an intent-to-use basis, suggesting it is not currently selling the goods listed in the application under the RUFF LAUREN mark but has a bona (ed. - not bone) fide intention to do so in the near future. 15 U.S.C. 1051(b); TMEP 1101. Before this application can mature into a registration, Ralph Lauren must actually start using this mark in conjunction with the sale of the listed goods and submit sufficient proof of same to the USPTO. TMEP 1103.

It appears Ralph Lauren filed this exact same application back in August 2014, also on a intent-to-use basis. Ralph Lauren filed five six-month extensions of time to show the proper use of this trademark for the purposes of the 2014 application, which is the maximum number allowed. The final deadline for the 2014 application is February 24, 2018. If Ralph Lauren doesn't submit sufficient evidence showing use of RUFF LAUREN by that date, the 2014 application will go abandoned, which is probably why it filed a new application for the exact same mark covering the exact same goods. The owner of an intent-to-use application can request up to three years of additional time, in six month increments, to show use of its mark after the application goes through the examination process (which itself takes several months) and receives a Notice of Allowance. 15 U.S.C. 1051(d)TMEP 1108.01.

According to my quick search, PRL USA Holdings, Inc. owns 327 active applications or registrations with the USPTO.