Friday, March 13, 2020

California Individual Files Applications to Register WE CURED COVID-19 and Two Other COVID-19 Slogans as Trademarks

With the COVID-19 pandemic starting to overwhelm our daily lives, it's not surprising to see individuals and companies filing federal trademark applications for the term.
Most recently, on March 9, an individual in California filed applications to register the three slogans below as federal trademarks:
All three applications cover the same goods and services, namely:
  • Clothing (Class 25);
  • Providing information in the field of medicine; promotional services, namely, promoting the charities of others (Class 35); and
  • Charitable fundraising (Class 36)
However, simply because this individual filed applications doesn't mean he'll obtain registrations. The individual filed these applications on an intent-to-use basis, meaning he'll need to start using these slogans as trademarks with the listed goods and services and submit sufficient proof of same to the U.S. Patent and Trademark Office before he can be issued registrations. TMEP 806.01(b); 15 USC 1051(b). No trademark use = no registration.

The applications could also face barriers in the examination phase. For example, the USPTO will likely ask the applicant to specify the type of clothing in Class 25. Further, depending on the applicant's use of these slogans, the USPTO may find them to merely convey a message rather than function as an identifier of the source of the goods/services. See TMEP 1202.03(f)(i).

In any event, one can expect to see a slew of CORONAVIRUS and COVID-19 trademark applications filed in the near future. And, as always happens when a popular phrase comes about, you can expect the vast majority of those applications die before registration.

Tuesday, January 21, 2020

Baltimore Ravens QB Lamar Jackson Files Trademark Applications for NOT BAD FOR A RUNNING BACK, Two Other Marks

On January 16, a few days after losing to the Tennessee Titans in the Divisional Round of the NFL playoffs, Baltimore Ravens quarterback Lamar Jackson filed three applications with the U.S Patent and Trademark Office.
The applications are for the following marks:
The applications cover the same goods in Class 25, namely "Bottoms as clothing; Footwear; Headwear; Tops as clothing; Undergarments." According to the applications, Lamar is already using NOT BAD FOR A RUNNING BACK as a trademark for that apparel, but is not currently using the other two marks (although the applications suggests he has a bona fide intention to do so in the near future).

Back in April 2019, the same attorney who filed these applications obtained a federal trademark registration for the name LAMAR JACKSON covering similar apparel items, as well as backpacks, athletic bags, duffel bags, and sports bag. With that application, Lamar submitted his written consent to register his name as a trademark (see below). Such written consent is required under Section 2(c) of the Trademark Act when a trademark incorporates the name of a living individual.

Lamar Jackson, individually, is listed as the owner of each application above. According to my quick search, there are currently three other federal trademark applications pending that are owned by Lamar Jackson. All three are for various logos that appear to be related to his Era 8 apparel line.