On June 30th, Boulevard Management, Inc. (a Hollywood business management firm) filed three federal trademark applications for the term on behalf of Rogue Marble Productions, Inc. (which appears to be affiliated with Sylvester Stallone and also owns trademark applications or registrations for SYLVESTER STALLONE, I MUST BREAK YOU, and CUT ME MICK, among others).
How do we know Sylvester Stallone is affiliated with these applications (beyond the fact that the owner of the applications appears to be an entity affiliated with him)? A declaration signed by the actor and consenting to these registrations was submitted with the applications (see above). Section 2(c) of the Trademark Act requires such a declaration any time a trademark application filed with the Trademark Office contains the name, portrait, or signature of a living individual. See also TMEP 1206 et seq.
Three different applications for STALLONE - BE FIRST were filed, each in a different class of goods or services. Those classes were:
- Class 016 for "[b]ooks, guides, handouts and resource materials in the fields of sports, physical fitness, entertainment, inspirational and motivational subject matter[;]"
- Class 009 for "[d]ownloadable electronic books, guides, handouts and resource materials in the fields of sports, physical fitness, entertainment, inspirational and motivational subject matter; computer application software for mobile phones, portable media players and computers, namely, software for accessing a database of information in the fields of sports, physical fitness, entertainment, inspirational and motivational subject matter[;]" and
- Class 025 for "[b]ottoms; Footwear; Gloves; Headwear; Loungewear; Sweatbands; Tops; Undergarments[.]"
These applications were filed on an intent-to-use basis, so a specimen showing actual use of the mark in commerce is not available at this time. However, the applications do suggest that Sylvester Stallone may be in the process of developing an inspirational and motivational book (and related apparel) titled STALLONE - BE FIRST. Stallone fans - keep an eye out at bookstores near you.
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