Marilyn Monroe's Estate Files Trademark for Computer and Video Games

On August 24th, The Estate of Marilyn Monroe, LLC (which holds the rights in all things Marilyn Monroe), filed a federal trademark application for MARILYN MONROE as it relates to

Computer game software; video game programs; and computer software platforms for social networking; interactive video game programs; downloadable electronic game programs and computer software platforms for social networking that may be accessed via the internet, computers and wireless devices; computer software to enable uploading, posting, showing, displaying, tagging, blogging, sharing or otherwise providing electronic media or information in the fields of virtual communities, electronic gaming, entertainment, and general interest via the Internet or other communications networks with third parties; electronic casino table games; downloadable virtual goods, namely, consumer goods for use in online virtual worlds

According to the application, the Estate is not using actress's name in association with these goods yet, but has a bona fide intention to do so in the near future.

The Estate's website appears to indicate that a mobile application called "Monroe's Moments" is already available for download. Given the nature of this trademark application, however, it appears a more in-depth computer/video game with Marilyn Monroe's likeness is in the works.

Tipsy Trademark For Alcoholic Pies Filed

On August 23rd, a Minnesota company called Rustic Pies of Stillwater, LLC filed a federal trademark application for SARA'S TIPSY PIES as it relates to pies and toppings that contain alcohol. Yes, this is real.

According to the applicant's website, Sara makes her pies from scratch using real hand-rolled crusts, the highest-quality, local ingredients possible, and her secret ingredient: LOCAL ALCOHOL. Genius.

The trademark application indicates Sara has been selling the alcohol infused pies since August 2012 and just started selling the toppings in July 2015. 

For those pie [and alcohol] fans out there, you will need to travel to Oak Park Heights, Minnesota to indulge in this delicacy. According to her website, the pies are available for pick-up only.

Alanis Morissette Files Trademark For New Logo, Could be Making a Comeback

On August 21st, Alanis Morissette filed a federal trademark application for ALANIS MORISSETTE and design shown below.

The goods and services listed on the trademark application are

Entertainment services, providing a website featuring multi-media content and information in the field of music and entertainment; providing a website featuring multi-media content and information in the fields of art, wellness, news and current events; musical sound recordings; audio and video recordings; books, publications, art prints, posters, stickers, paper and printed goods, clothing, shirts, headwear, promotional merchandise, communication and broadcasting services, television and radio, podcasts, online services

The move came only a couple days before the singer appeared on stage with Taylor Swift at the Staples Center in Los Angeles. Alanis also filed this application exactly two months before the 20th anniversary of her Jagged Little Pill album. The application was filed on an intent-to-use basis, which means this trademark is not being used yet but that Alanis has a bona fide intention to use it soon.

There is one problem with this application, however. Alanis's attorney did not secure her written consent to register a trademark bearing her name pursuant to Section 2(c) of the Trademark Act (see also TMEP 1206). Her attorney will need to go back to Alanis and secure that written consent if this mark is to register. The Trademark Office will issue an office action refusing to register the mark if this consent is not obtained.

Regardless, does this new logo and Alanis's recent publicity signal a comeback for the singer? Nineties fans can only hope.

NANF*CKET Trademark Clever But Entirely Unregisterable

On August 20th, a man from Nantucket filed a federal trademark application for NANFUCKET as it relates to "Hats; Hooded sweatshirts; Shorts; Sweatpants; Sweatshirts; Swimwear; T-shirts; Underwear[.]"

Unfortunately for this guy, the Trademark Office will not register a trademark containing the word "fuck" because it considers the word obscene and egregiously scandalous (I previously blogged about this bar to registration here) and under Section 2(a) of the Trademark Act, the Trademark Office is prohibited from registering any mark containing "immoral, deceptive, or scandalous matter." 

Other clever trademarks that died in the Trademark Office for containing the term include: PUCKFITTSBURGH, CHUCKLEFCK, F CK TERRORISTS, and GO FUCK YOUR #SELFIE. Ha!

Not only will this application be refused under Section 2(a) for being scandalous, but the applicant appears to be only using his term as decorative, ornamental use and not as a trademark given the specimen submitted above. As previously blogged about here, a slogan plastered across the front of clothing rarely functions as a trademark and causes issues in the registration process.

Any trademark attorney could have quickly identified these issues for the applicant, but unfortunately he did not appear to work with an attorney. This filing will almost certainly result in the loss of the applicant's $225 nonrefundable filing fee.

Today's Trademark Tip - Your Specimen Should Show Your Trademark In Commerce

On August 18th an individual submitted the specimen below in conjunction with a trademark application for "cookies."

This specimen, however, is a "computer graphic that merely illustrates what the mark looks like..." and thus is not sufficient. A better specimen is a picture of this logo on the actual packaging for the cookies.

Too often I see trademark applications filed with a specimen that does not actually show the mark as it is used in commerce.

To provide some background, there are two instances where the trademark will show up on an application (assuming it is based on previous use): as the "drawing" in the "Mark Information" section and attached as a "specimen" in the "Filing Basis" section.

The drawing "shows the mark sought to be registered" and "is used to reproduce the mark in the Trademark Official Gazette and on the registration certificate." TMEP 807. For a word mark, the Trademark Office will generate the trademark in all capital, standard text letters as the drawing. The drawing for a logo mark should be a clear logo showing only the mark to be registered.

A specimen, on the other hand, "show[s] the manner in which the mark is seen by the public." TMEP 904. In general, a specimen for goods should show use of the mark in commerce on or in connection with the goods listed in the application. For goods, an appropriate trademark specimen "should be a label, tag, or container for the goods, or a display associated with the goods." TMEP 904.03. 

An inappropriate specimen is "a 'picture' of the mark, such as an artist’s drawing, a printer’s proof, a computer graphic that merely illustrates what the mark looks like, or an image of the goods that has been digitally created or altered to include the mark" because these items do not show actual use of the mark in commerce. TMEP 904.04(a).

Not submitting an appropriate specimen will result in the Trademark Office issuing an office action asking the applicant to submit a substitute specimen. However, the substitute must be a "verified substitute specimen," meaning it was being used on the goods at least as early as the first use date listed. If the applicant does not have a suitable specimen that fits this criteria, the application can be amended to an intent-to-use application (something anything else risks committing fraud on the Trademark Office).

The bottom line - make sure the specimen submitted with your trademark application depicts how your customers will actually see your trademark in commerce.

New Lines of Callaway Golf Products May Be Coming Soon

On August 18th, Callaway Golf Company filed three federal trademarks applications for CALLAWAY S16, CALLAWAY F16, and CALLAWAY A16.

Callaway Golf listed the associated goods on each application as golf clubs and golf bags. The applications were filed on an intent-to-use basis, which means Callaway is not yet using these trademarks on the associated goods in commerce but has a bona fide intention to do so in the near future. 

It looks like new lines of Callaway golf clubs and bags may be hitting the market in the near future.

HUNKAPPELLA Trademark Snagged For A Cappella Services

On August 15, Hunkappella, LLC filed a federal trademark application for HUNKAPPELLA as it relates to

Entertainment services in the nature of live audio performances by a cappella singers; Entertainment services in the nature of live musical performances; Entertainment services in the nature of presenting live musical performances.

Not surprisingly, this trademark was filed by a Los Angeles based business that books groups of shirtless men to sing a cappella songs.

From a trademark perspective, HUNKAPPELLA is a great choice. The combination of terms probably makes this a "suggestive" trademark, which can be registered without proof of secondary meaning (unlike descriptive terms, which require secondary meaning). The Trademark Office describes suggestive trademarks as those that "when applied to the goods or services at issue, require imagination, thought, or perception to reach a conclusion as to the nature of those goods or services." TMEP 1209.01(a).

A tip to those trying to determine a name for your new business - make up a word or use something suggestive like the Hunkappealla folks. Made up trademarks, or trademarks that have nothing to do with one's goods or services, are unlikely to be in use already (giving you priority and reducing your risk of infringement) and are easier to register with the Trademark Office.

As for those Los Angeles residents looking for some new party entertainment, you now apparently have another option in HUNKAPPELLA.