NBC Files Trademark Application for Potential New Reality Competition Show

A new reality competition show titled MAGIC HOUR may be in the works over at NBC, according to a recent trademark application. On March 6th, NBCUniversal Media, LLC filed a federal trademark application for MAGIC HOUR with the U.S. Patent and Trademark Office.

The application covers "[e]ntertainment services, namely, television programming in the nature of a reality competition television series" in Class 41.  NBC filed the application on an intent to use basis, suggesting it is not currently using this trademark in commerce but has a bona fide intention to do so in the near future. In other words, simply filing an intent to use trademark application does not necessarily mean NBC will come out with a show called MAGIC HOUR, but is supposed to mean there is something currently in the works related to this potential show (business and marketing plans, scripts, contracts with talent, etc. - something more than just an idea in someone's head).

Filing trademark applications for potential television show names is not uncommon. As I've blogged about before, networks like The Cooking Channel, Twentieth Century Fox, and some production companies have all filed similar applications in the past.

Is MAGIC HOUR a talent show, competition for magicians, or something else? We can't be sure until (and if) NBC gives this show the green light.

Empire State Building Owner Files Trademark Application for WORLD'S MOST FAMOUS BUILDING

The Empire State Building (or, more appropriately, ESRT Empire State Building, LLC, a legal entity that appears to own the building) filed an application to register WORLD'S MOST FAMOUS BUILDING as a federal trademark on March 7th.

The services covered by the application (all of which have a first use date of February 2, 2017), are numerous and span from providing real estate leasing, to providing facilities for film and photograph production, to providing facilities for wedding ceremonies.  The full list of services covered by the application is as follows:

• Promoting the goods and services of others by licensing images of an iconic building; providing facilities for business meetings (Class 35);
• Real estate services, namely, leasing of commercial property, namely, gift shop space; leasing of restaurant space (Class 36);
• Rental of telecommunication facilities; rental of equipment for radio and television broadcasting (Class 38);
• Entertainment services, namely, providing observation decks in a skyscaper for sightseers; entertainment in the nature of laser and light shows; providing facilities for film and photo production; providing facilities for sports tournaments; educational services, namely, providing displays and exhibits in the field of engineering, construction and sustainability; educational services, namely, training educators and parents in the fields of social studies, science and technology, American history and geography and providing curricula in connection therewith (Class 41);
• Providing a web site that gives computer users the ability to upload and share user-generated images (Class 42);
• Providing general purpose facilities for media, celebrity and brand events; providing conference, exhibition and meeting faculties; providing banquet and social function facilities (Class 43);
• Providing facilities for wedding ceremonies (Class 45)

This application follows a decision by the Trademark Trial and Appeal Board last year that sustained the ESRT Empire State Building, LLC's opposition to a beer company's use of the Empire State Building in a logo for beer, holding that the beer logo was likely to dilute a design mark owned by ESRT for the outline of the Empire State Building. The TTAB deemed that mark to be famous.

According to my quick search, ESRT Empire State Building, LLC owns 13 active applications or registrations with the Trademark Office, including several for EMPIRE STATE BUILDING, and a registration for THE WORLD'S MOST FAMOUS OFFICE BUILDING covering real estate management and leasing services.

Is MTV Bringing Back MY SUPER SWEET 16? A Recent Trademark Application Suggests It Might Be

The classic MTV show from the mid-2000's, My Super Sweet 16, may be getting new life, if a recent trademark application is any indication. On March 1st, Viacom International, Inc. (owner of the MTV brand) filed an application to register MY SUPER SWEET 16 as a trademark with the U.S. Patent and Trademark Office.

The services covered by the application are "[e]ntertainment services in the nature of continuing program series, featuring live action, comedy and drama provided through cable television, broadcast television, internet, video-on-demand, and through other forms of transmission media; providing online information in the field of entertainment concerning television programs" in Class 41.

Does this mean MTV is bringing back the show? Maybe. Viacom filed this application on an intent to use basis, which is supposed to suggest the company is not currently rendering the listed services under the mark, but has a bona fide intention to do so in the near future (i.e., the show is not currently on air, but there are plans in the works to possibly bring it back).

My Super Sweet 16 aired regularly on MTV from 2005 to 2008, then dropped off considerably. It appears the last episode aired in February 2015 and featured Lil Wayne's daughter Reginae. This is the first trademark application filed by Viacom for MY SUPER SWEET 16 since 2007.

LucasFilm Files Trademark Applications for STAR WARS: RIVALS

LucasFilm Ltd., LLC filed two applications to register STAR WARS: RIVALS as a federal trademark on February 23, but Stars Wars fans don't get excited yet. The nature of the applications is a little unclear.

LucasFilm filed the applications in two classes (one class per application), covering the following goods and services:

• Education and entertainment services (Class 41); and
• Apparatus for recording, transmission or reproduction of sound or images; audio books; audio recordings; audio and visual recordings; video game software; computer programs and software; downloadable electronic publications; downloadable game software; downloadable mobile applications; consumer electronics and accessories therefor; eyeglasses and sunglasses and accessories therefor; binoculars; decorative magnets; graduated rulers; microphones; helmets; flotation vests; protective face masks not for medical purposes; snorkels; swimming goggles; swim masks (Class 23).

Both applications were filed on an intent-to-use basis, suggesting that LucasFilm is not using STAR WARS: RIVALS in commerce in conjunction with the listed goods and services yet, but has a bona fide intention to do so in the near future.

Are these applications related to a new movie, videogame, book, or maybe this fan film? Unfortunately, it is difficult to tell. If the "education and entertainment services" in Class 41 were expanded upon, it would be a little easier to discern LucasFilm's intent for this mark. Luckily for fans, LucasFilm will probably be required to expand upon these services before the mark in Class 41 will register, considering the identification is extremely broad but is required to "be specific, definite, clear, accurate, and concise." TMEP 1402.01; In re Societe Generale des Eaux Minerales de Vittel S.A., 1 USPQ2d 1296 (TTAB 1986). Not only that, but the multimedia giant must actually start using this mark in commerce and submit sufficient proof of the same if these marks are to register. See TMEP 1103.

According to my quick search, these are the first applications for STAR WARS: RIVALS filed by LucasFilm.

Outback Steakhouse Files Trademark Application for The Bloomin' Onion Man Costume

If you love Outback Steakhouse's Bloomin' Onion (which is a registered trademark itself, filed in 1989), you'll love this recent trademark application.

On January 31st, Outback Steakhouse of Florida, LLC filed a federal trademark application for the mark below, described as "a three-dimensional configuration of a costumed mascot character with human arms and legs and the body of fried onions on a plate wearing a hat in the form of a dipping sauce saucer. The wording 'Outback Steakhouse' appears thereon." In other words, the application does not cover words or a logo, but rather the costume itself (trademarks are not limited to words or logos).

Outback filed the application in Class 41 for "[e]ntertainment services in the nature of live appearances by a costumed mascot at college sporting events, promotions, charity events, special events and other performances."  According the application, Outback has been using this costume in commerce at least as early as September 21, 2013.

Earlier in January, Outback filed a different application for BLOOMIN' ONION MAN in standard characters (i.e., the words only) covering the same services in Class 41.

According to my quick search, Outback Steakhouse of Florida, LLC owns 92 live trademark applications or registrations at the U.S. Patent and Trademark Office.

#SaltBae Files Trademark Application for SALTBAE Salt Sprinkling Design

Have you heard of #SaltBae? If not, here is everything you need to know. Even Leonardo DiCaprio was awed by #SaltBae in action recently. Memes of the Turkish chef Nusret Gökçe fantastically sprinkling salt on meat went viral in early January.

Now it appears Nusret Gökçe (or more appropriately, a related business entity) has filed a federal trademark application related to the popular meme. On January 30th, a Turkish-based entity by the name of D ET VE ET ÜRÜNLERI GIDA PAZARLAMA TICARET ANONIM SIRKETI filed a federal trademark application for the design seen below.

Yep, that's #SaltBae alright.

The Turkish entity filed the application in Class 25 for a variety of clothing items, including trousers, jackets, coats, T-shirts, shorts, and caps [ed. - but no vests?]. The application was also filed in Class 43 for services related to food, drink, and hotels, including restaurants, cafes, pubs, motels, boarding houses, day care centers, and pet and animal boarding services [ed. - what?].

How do we know this trademark application is associated with the real #SaltBae (aka Nusret Gökçe )? For one, this Turkish business directory seems to indicate that the business entity listed as the owner of this mark is associated with the restaurant #SaltBae co-owns, the Nusr-Et Steakhouse (and it links to Nusr-Et's website).

But perhaps most telling is that the business entity listed in this application also owns three other federal trademark registrations for stylized versions of NUSR·ET RESTAURANT, NUSR·ET STEAK HOUSE, and NUSR·ET, each filed in 2014 by the same attorney that filed the SALTBAE application. Pretty compelling evidence.

11 Trademark Applications for ALTERNATIVE FACTS Filed In One Week

On January 22nd, President Trump's senior adviser Kellyanne Conway famously (or infamously) used the phrase "alternative facts" on NBC's Meet The Press to describe the crowds at the presidential inauguration. That same day, the first trademark application for ALTERNATIVE FACTS was filed with the U.S. Patent and Trademark Office. Over the next week, ten more applications would follow (as of today's date, only applications filed up to January 29th are visible in the USPTO's database).

The good sand services covered by the 11 applications are all across the board.  Some of those goods and services are:

• Video and computer game programs;
• Fiction and non-fiction books;
• Belts, boots, capes, caps, coats, and dresses;
• Board games;
• Beer;
• Horological and chronometric instruments;
• Card games; and
• Cable and television broadcasting services

As is often the case when a catchy phrase hits the news, multiple enterprising individuals hoping to capitalize on the term file federal trademark applications. Filing the applications, however, is only the beginning of the trademark registration process. Most of these applications, as with most applications for similar catchphrases, will probably not actually mature into a federal trademark registration.

For example, most of the 11 applications above were filed on an intent to use basis, which allows an applicant to file a trademark application before actually using it in commerce (which is typically required to establish rights in a mark), so long as the applicant has a bona fide intention to use the trademark in commerce in the near future. See TMEP 1101; 15 USC 1051(b). Before an intent to use application can register, the applicant is required to submit sufficient evidence to the USPTO showing they are actually using the trademark in commerce. TMEP 1103.

For the applicants of the ALTERNATIVE FACTS applications, this means they will need to actually sell the goods or provide the services listed in the respective applications and submit sufficient proof of the same to the USPTO before the USPTO will grant them a registration. Assuming, that is, that there are no other deficiencies in the applications that might prevent registration (i.e., inadequate description of the goods/services, deficient specimen, incorrect classification of goods/services, etc.). If an applicant does not meet all the requirements for registration, the application will be abandoned and the non-refundable filing fees are lost.

In sum, while it may be relatively easy to actually file a trademark application, that is only the beginning of a rather complicated legal process, and such a filing by no means guarantees a registration.