Tuesday, October 17, 2017

Dwanta Claus is Coming - Dwayne "The Rock" Johnson Files Trademark Application for DWANTA CLAUS

Dwanta Claus, Dwayne "The Rock" Johnson's holiday alter ego, may be a registered trademark soon. On October 12th, DJIP, LLC (the same entity that owns a trademark registration for DWAYNE JOHNSON) filed a federal trademark application with the U.S. Patent and Trademark Office for DWANTA CLAUS.
The application covers a massive amount of goods and services, including many of the goods and services for which The Rock is known, including:
  • Entertainment in the nature of live performances by a sports, film and entertainment celebrity (Class 41);
  • Entertainment services, namely, personal appearances by a sports and film celebrity (Class 41);
  • Charitable services, namely, providing sporting goods to underprivileged children (Class 41);
  • Consulting services in the fields of fitness and exercise (Class 41);
  • A variety of toys and athletic equipment (Class 28);
  • A variety of clothing and apparel items (Class 25);
  • Series of books, magazines and written articles in the field of entertainment, general interest, health, nutrition, sports, fitness, athletics, exercise, film, television, celebrity news and information, sports news and information; address books (Class 16); and
  • Pre-recorded CDs and DVDs featuring entertainment films, health, nutrition, sports, athletics, exercise, instructional content regarding exercise, fitness, motivation and self-improvement, television, celebrity news and information, motivation and self-improvement information, sports news and information, and music (Class 9).
The application was filed an on intent-to-use basis, suggesting (but not necessarily meaning) that The Rock is not using DWANTA CLAUS in conjunction with the listed goods and services yet, but has a bona fide intention to do so in the near future. TMEP 806.01(b); 15 USC 1051(b). Before this application can mature into a registration, he must provide evidence to the Trademark Office that he is using the mark with the listed goods and services. See TMEP 1103.

According to my quick search, this is the first application for DWANTA CLAUS filed by Dwayne Johnson (or, more appropriately, the legal entity that appears to hold his trademarks). Apparently the actor has been using the term "Dwanta Claus" for quite some time, including when he gave away a car last year, when he visited a sick teen in the hospital, and when he read his "Twas the Night Before Rockmas" on YouTube.

Given the expansiveness of this trademark application, it doesn't look like The Rock plans to give up this phrase anytime soon. Expect to hear more from Dwanta Claus this holiday season.

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