Tuesday, April 16, 2019

A Bumble Beer? Dating App Company Files Application to Register BUMBLE BREW as a Trademark for Beer, Many Other Goods and Services

The company behind the popular dating app Bumble, Bumble Holding Limited, may be coming out with a beer, if a recent trademark application is any indication.
On April 11, Bumble Holding Limited filed an application to register BUMBLE BREW as a trademark for "beer" (and several other goods and services) with the U.S. Patent and Trademark Office.

Does this mean the dating app company is releasing a beer called BUMBLE BREW? Maybe. The company filed this application on an intent-to-use basis, which is supposed to mean the company is not using the BUMBLE BREW trademark to sell beer yet but has a bona fide intention to do so in the near future. TMEP 806.01(b); 15 USC 1051(b). The company is by no means obligated to start selling BUMBLE BREW beer, but a failure to use the trademark with those goods will result in the entire application going dead (if Bumble does not submit proper evidence of use on a timely basis or does not delete any goods/services it no longer intends to provide from the application).

Interestingly, the BUMBLE BREW application doesn't only cover "beer." It covers a large variety of goods and services across 14 different classes, including the following:
  • Computer software for the booking of bars, restaurants and accommodation; computer software for the ordering of food and drink (Class 9);
  • Whips, harness and saddlery (Class 18);
  • Meat, fish, poultry and game (Class 29);
  • Coffee, tea, cocoa and artificial coffee (Class 30);
  • Alcoholic beverages (except beers); wine; cider (Class 33);
  • Restaurant, bar and catering services (Class 43); and
  • Internet based dating services (Class 45).
Perhaps Bumble is considering a Bumble-themed brew pub or restaurant? Pay attention to this application to find out.

Monday, April 1, 2019

Travis Scott Files Applications to Register His Name as a Trademark

Or, more accurately, his corporation. On March 27, LaFlame Enterprises, Inc. filed the first ever applications to register TRAVIS SCOTT as a trademark with the U.S. Patent and Trademark Office. Jacques Bermon Webster II, aka Travis Scott, is apparently the president of Laflame Enterprises, Inc.
The two applications, one of which was filed on an intent-to-use basis, cover a variety of goods and services you might expect from a rapper, songwriter, singer, and record producer. The goods and services covered by the in use application (meaning these goods and services are apparently already being provided under the TRAVIS SCOTT trademark) are:
  • Audio and video recordings, namely, digital audio and video files downloadable from the Internet, audio and audio video tapes and discs, CDs, DVDs, laser discs, and phonograph records, all featuring music and artistic performances; downloadable musical sound recordings and ringtones; downloadable video recordings featuring music; sunglasses and sunglass cases; protective covers and cases for cell phones, laptops and portable media players (Class 9);
  • Paper goods, namely, posters, prints, decals, temporary tattoo transfers, stickers, printed tickets, photographs, event programs; calendars; postcards (Class 16);
  • Clothing, namely, t-shirts, shirts, long-sleeved shirts, polo shirts, hooded shirts, sweatshirts, hooded sweatshirts, jerseys, shorts, sweat pants, jackets, scarves, pajamas, robes, boxer shorts, boxer briefs, underwear, head bands, wrist bands as clothing, swimsuits, skirts, dresses, bras, cardigans, blouses, tank tops, pants, coats, sweaters, leg warmers, socks, belts; footwear, namely, shoes, athletic shoes, slippers, boots, sandals; headwear, namely, hats, visors, beanies and caps (Class 25); and
  • Entertainment services, namely, conducting entertainment exhibitions in the nature of live musical performance tours and music festivals; entertainment services, namely, presentation of live and on-line non-downloadable video in the nature of show performances featuring music and musical performances; planning, arranging, organizing and conducting of shows and tours featuring musical performances; entertainment in the nature of live performances by a musical artist, musical group and musical band; entertainment in the nature of live visual and audio performances by a musical artist, musical group and musical band; entertainment services, namely, providing a web site featuring non-downloadable musical performances, musical videos, related film clips, photographs, and other multimedia materials featuring music and entertainment; fan club services; providing a website featuring entertainment information regarding musical groups, musicians, musical sound recordings, music videos, tour schedules, music performance ticket information and music; entertainment in the nature of live traveling tours by a professional entertainer, musical group and musical band featuring music (Class 41).
The goods and services covered by the intent-to-use TRAVIS SCOTT application (those which are not apparently being offered under the TRAVIS SCOTT trademark yet but LaFlame Enterprises has a bona fide intention to provide in the near future) are:
  • Jewelry; clocks and watches; key chains; jewelry, namely, dog tags for wear by humans for decorative purposes; jewelry cases; boxes for timepieces (Class 14);
  • Bags; backpacks; umbrellas; carrying cases; canes; purses and wallets; dog apparel; luggage (Class 18); and
  • Cups; coffee cups; plates; bowls; lunchboxes; water bottles sold empty; bottle openers (Class 21).
According to my quick search, these are the first ever federal trademark applications filed by LaFlame Enterprises, Inc. and the first trademark applications for TRAVIS SCOTT filed by anyone.

It is not uncommon for celebrities and athletes to register their names as trademarks for the goods and services they provide under their name. For example, I've blogged about applications filed by Baker Mayfield, Conor McGregor, Amy Schumer, and Crissy Teigen in the past. 

Notably missing from the TRAVIS SCOTT trademark applications, however, is Jacques Bermon Webster II's written consent to register his stage name as a trademark. Section 2(c) of the Trademark Act prohibits the registration of a trademark that consists of or comprises a name, portrait, or signature identifying a particular living individual except by his/her written consent. That includes stage names. TMEP 1206.01. LaFlame Enterprises will need to provide that written consent before these marks can be registered.

Quarterly Index (1/1/19 - 3/31/19)

Entertainment Trademark Filings:
Food and Drink Trademark Filings:
Other Unique Trademark Filings: