Friday, January 13, 2017

Conor McGregor Files Trademark Applications for Perfume and Cosmetics

And, to be fair, the MMA/UFC fighter (or, more correctly, his business entity) included a number of other goods and services in the applications, including health and fitness training. 

The federal trademark applications filed on January 9th by McGregor Sports and Entertainment (an Irish limited company) were for the fighter's actual name, CONOR MCGREGOR, and his nickname, THE NOTORIOUS.
The two applications cover the same goods and services across a range of classes.  Some of those goods and services include:
  • aftershave; toiletries; shaving oils; shaving gels; shaving foam; perfume; cosmetics (Class 3);
  • clothing; footwear; headgear (Class 25);
  • gymnasium services; provision of health club services; health and fitness training; education; provision of training; entertainment; sporting and cultural activities; gymnastic instruction (Class 41)
  • restaurant and cafe services; provision of food and drink; takeaway food services; hotel services; temporary accommodation (Class 43); and
  • barber shops; hairdressing services; healthcare services; physiotherapy; beauty salons; medical clinic services (Class 44).
The fighter filed the applications on an intent to use and 44(e) basis, meaning he does have a trademark registration in a foreign country, although these appear to be the first filings in the United States.

One thing notably missing from the applications is Conor McGregor's written consent to register his name as a trademark.  That consent is required when a mark identifies a particular living individual.  See TMEP 813.  He may also need to consent to the registration of THE NOTORIOUS, as the written consent requirement applies to "a pseudonym, stage name, or nickname, if there is evidence that the name identifies a specific living individual who is publically connected with the goods or services, is generally known, or is well known in the field relating to the relevant goods or services."  TMEP 813.

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