Entertainment services, namely, award ceremonies in the field of music; Entertainment in the nature of performances and appearances by celebrities and musical artists and groups; Entertainment services in the nature of live musical performances; Entertainment services, namely, an on-going series featuring an award ceremony honoring those in the country music industry provided through internet, television, satellite, and cable networksAs I've blogged about before, it is possible to obtain trademark protection and a trademark registration for the way something looks, so long as the mark is (1) non-functional and (2) distinctive. TMEP 1202.02; TrafFix Devices, Inc. v. Mktg.Displays, Inc., 532 U.S. 23, 28-29 (2001).
Generally, a design is functional if it is "essential to the use or purpose of the article or if it affects the cost of quality of the article." TMEP 1202.02(a)(iii)(A) (quoting TrafFix, 532 U.S. at 33). Additionally, because product designs are never inherently distinctive, an applicant must show that the design has acquired distinctiveness (i.e. consumers have come to recognize the product design as being associated with the applicant). TMEP 1202.02(b)(i).
registration for the design of its award trophy seen above. That design, which consists of "a 12" tall, 3-dimensional stylized rendering of a cowboy hat in satin silver on a black base" registered on August 31, 2004 and covers "Entertainment services, namely organizing and conducting annual entertainment award ceremonies and television shows" in Class 41. That registration also lists a first use date of May 21, 2003.
Why file a new application for the same design? That's not clear, but if I had to guess, I'd guess (1) to submit a new, sleeker drawing of the trophy and/or (2) to expand the services covered by the registration (one cannot expand the scope of the goods or services listed in a trademark application after filing - see Trademark Rule 2.71(a) and TMEP 1402.06).
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