Jon Taffer of Bar Rescue Files Trademark Application for "Shut It Down" Sound Mark

Fan's of Spike TV's Bar Rescue know Jon Taffer's infamous "Shut It Down!" phrase. Whenever a bar is descending into chaos, the show's host shouts the phrase at the bar staff.

If you wanted a button that proclaims "Shut It Down!" for yourself, Jon Taffer appears to be selling one. He also claims trademark rights in the phrase (as it relates to toy buttons, at least).

On July 14th, Jon Taffer, LLC filed a federal trademark application for a sound mark consisting of the spoken words "Shut It Down." The host's business entity filed the application in Class 028 for "toys, electronic novelty push button with sound." The first use date is listed as December 2015. You can listen to the sound bite submitted with the trademark application here.

As I've blogged about before, sounds can serve as trademarks if they identify the source of a good or service and are not sounds goods make in their normal course of operation (with a few exceptions). The Trademark Manual of Examining Procedure provides "[s]ound marks function as source indicators when they 'assume a definitive shape or arrangement' and 'create in the hearer's mind an association of the sound' with a good or service." TMEP 1202.15. Along with a trademark application for a sound mark, an applicant "must submit a specimen that contains a sufficient portion of the audio or video content to show how the mark is used on or in connection with the goods/services..." TMEP 904.03(f).

According to my quick search, Jon Taffer, LLC owns 38 other live trademark applications or registrations with the U.S. Patent and Trademark Office, but this is the first sound mark filed by the celebrity.

HBO Files Trademarks for Look and Sound of its Iconic Opening and Closing Clips

On August 10th, Home Box Office, Inc. filed federal trademark applications to protect the look and sound of its opening and closing clips. Any fan of [insert your favorite HBO show] can recite the iconic static sounds and chords of HBO's opening and closing credits (for those who don't watch HBO, listen here). The trademarks HBO filed are for HBO ENTERTAINMENT (the opening clip) and THIS HAS BEEN A PRESENTATION OF HOME BOX OFFICE (the closing clip).

HBO filed two trademarks for both HBO ENTERTAINMENT and THIS HAS BEEN A PRESENTATION OF HOME BOX OFFICE. Both applications are related to HBO's entertainment services in the nature of ongoing television programs, but HBO filed two applications each to protect the sound element and the motion element of the clips. For example, HBO described the mark on one motion element application as follows:

[t]he mark consists of a motion mark depicting a television screen of static "snow" out of which emerges the HBO ENTERTAINMENT logo appearing, and then the static snow fades out and the HBO ENTERTAINMENT logo morphs to sharp lettering appearing against the background before the wording fades out.

and on one sound element application as

[t]he mark consists of a composite motion and sound mark depicting a television screen of static "snow" out of which emerges the HBO ENTERTAINMENT logo, and then the static snow fades out and the HBO ENTERTAINMENT logo morphs to sharp lettering appearing against the background before the wording fades out. Simultaneously with the fading in and out portion of the visual component, the sound element is the sound of static "turning on" and then fading out as it resolves to an ascending choir-like bass chord. 

It is a subtle difference, but it gives HBO the most protection over the look and sound of its opening and closing slips.

HBO's filings highlight the fact that trademarks do not take the form of a words and slogans only. Both sounds and motions can serve as trademarks if they identify the source of the good or service. The Trademark Manual Of Examining Procedure (TMEP) section 1202.15 provides "[s]ound marks function as source indicators when they 'assume a definitive shape or arrangement' and 'create in the hearer’s mind an association of the sound' with a good or service." Additionally, under TMEP 904.03(l) an applicant may support an application for a motion mark by filing up to five freeze frames showing the commercial impression conveyed by the mark.

In other words, don't assume something is not functioning as a trademark simply because it is not a textual.

The Simpsons Production Company Files Applications to Register Closing Credits Animation, Sound as Trademarks

Recognize the closing credits scene below? Can you hum the jingle that accompanies it?

This animated scene appears at the end of The Simpsons, and other shows produced by James L. Brooks' Gracie Films. The film and television production company (or, more specifically, the Trustee(s) of The Brooks Family Trust) just filed federal trademark applications for the logo (seen below), animation, jingle accompanying the animation, and the words GRACIE FILMS and JAMES L. BROOKS.

The Brooks Family Trust filed each of these applications on October 5th and, with the exception of the JAMES L. BROOKS application, all the applications cover entertainment services in the field of film and television, namely, the creation, production and distribution of motion picture films, television programs and animation in Class 41 and claim a first use date of 1984. The JAMES L. BROOKS application covers "Entertainment services, namely, director, producer, and screen writing services for motion picture films and television programming" and claims a first use date of 1965.

As these applications demonstrate, and as I've blogged about before, it is possible for trademarks to take the form of something other than a name or a logo (in this case, a sound and an animation). Sound marks, for example, can "function as source indicators when they 'assume a definitive shape or arrangement' and 'create in the hearer’s mind an association of the sound' with a good or service." TMEP 1202.15. You can listen to the sound covered by the sound mark application here. Is this a familiar arrangement that creates an association with a particular good or service in your mind?

Shorts clips or animations can also function and be registered as trademarks. HBO, for example, obtained a registration for its iconic opening and closing scene. The motion must actually identify and distinguish the goods/services and indicate their source. To identify the motion mark, the applicant must submit to the Trademark Office a drawing that "depicts a single point in the movement, or...a square drawing that contains up to five freeze frames showing various points in the movement, whichever best depicts the commercial impression of the mark" along with a "detailed written description of the mark." TMEP 807.11.

For this motion mark application, the Trustee(s) of the Brooks Family Trust submitted the drawing above and described the mark as "a computer generated sequence showing movie goers in a darkened movie theater watching a projection of a film with the words "GRACIE FILMS" on the movie screen."

These Gracie Films-related trademark applications are a great example of the different types of marks that may be registered with the U.S. Patent and Trademark Office. These five applications cover standard character (word) marks, design marks (i.e., logos), sound marks, and motion marks. While the procedural hurdles for obtaining registrations for sound and motion marks can be a little more complex, such registrations are certainly possible.

Is Reddit Changing Its Logo? Multiple Trademark Applications for New Design Recently Filed

The popular online message board Reddit may be making slight changes to its logo if recent trademark applications filed with the U.S. Patent and Trademark Office are any indication. On August 25th, Reddit, Inc. filed five federal trademark applications with the U.S. Patent and Trademark Office for the design seen below. Reddit filed each application in a separate class of goods or services (hence the five different applications for the same mark).

Some of the goods and services covered by these applications include:

• Online social networking services (Class 45);
• Computer services, namely, providing customized on-line web pages and data feeds featuring user-defined information, which includes blog posts, new media content, other on-line content, and on-line web links to other websites, and providing a search engine based on natural language queries on a global computer network (Class 42);
• Entertainment services, namely, providing information, news and commentary in the field of general interest news and current events via the internet and podcasts (Class 41);
• Telecommunications services, namely, electronic transmission of data, graphics, sound and video by means of the Internet (Class 38); and
• Computer application software for mobile phones and portable devices, namely, software enabling users to view, submit, rate, share, bookmark, index, store, collect, and showcase content in the nature of current events, politics, foreign affairs, news, gaming, comedy, relationships, lifestyle, travel, technology, photos, videos, religion, science, movies, music, art, popular culture, fiction, literature, and general interest news (Class 9).

The website filed all these applications on an intent-to-use basis, suggesting it is not using this design in interstate commerce as a trademark yet, but has a bona fide intention to do so in the near future (which makes sense considering a quick scan of reddit.com doesn't reveal this mark). TMEP 806.01(b); 15 USC 1051(b).

Why file new trademark applications for the design above if Reddit already has registrations for its current logo (see here, for example), which is pretty similar? Because Section 7(e) of the Trademark Act (15 USC 1057(e)) prohibits any amendment of a mark that "materially alters" the mark. See also TMEP 807.14 et seq. An amendment is only acceptable if "the modified mark contains the essence of the original mark (i.e., the mark as originally registered), and the mark as amended creates essentially the same impression as the original mark." TMEP 1609.02(a). If the marks do not create the same "commercial impression," or if it is a close call, it is safer to simply file new applications for the new mark because the new mark may fall outside the scope of protection offered by the existing registration and an amendment to the existing registration would likely be prohibited.

According to my quick search, these are the only applications for this new logo filed by Reddit so far. The website owns 41 other live applications or registrations with the U.S. Patent and Trademark Office, including registrations for AMA, REDDIT, and ALIEN BLUE.

Kanye West Files Four Trademark Applications for YEEZY SOUND...Is It a New Record Label, Streaming Music Service, or Something Else?

Whatever Kanye West's plans are for YEEZY SOUND, they appear to be big (at least according to four recent trademark applications filed for the name). On November 2nd, Mascotte Holdings, Inc. (a holding company for Kayne's trademarks), filed four applications to register YEEZY SOUND [standard characters] as a federal trademark.

Kayne's holding company filed each application in a different class of goods or services (hence the four applications) and the goods and services covered by these application are extremely broad. Some of the standouts include:

• Streaming of music, audio, images, video and other multimedia content over the internet, mobile devices, wireless networks and other computer networks and electronic communications networks (Class 38);
• Record production; music production; audio recording and production; videotape production; motion picture song production; production of video discs for others; recording studios (Class 41);
• Downloadable musical sound recordings; downloadable video recordings featuring music (Class 9); and
• Retail stores, wholesale stores, mail order services, on-line ordering services and on-line retail store services, and retail store services available through computer communications and interactive television, all of the aforesaid featuring recorded product, music related items, audio-visual products, computer goods, software and games (Class 35)

The applications cover a number of other interesting goods and services, like "virtual reality game software," management of performing artists and talent agencies, "broadcasting of cable television, television and radio programs," and "motion picture film production."

All these applications were filed on an intent-to-use basis, suggesting Kayne is not using these trademarks in commerce yet, but has a bona fide intention to do so in the near future. TMEP 806.01(b); 15 USC 1051(b). Before these applications can mature into registrations, Kayne must start using the mark with the listed goods and services and submit sufficient proof of same to the U.S. Patent and Trademark Office. See TMEP 1103.

According to my quick search, these are the first applications for YEEZY SOUND filed by Mascotte Holdings, Inc. and are four of the eight applications filed by the holding company with the USPTO this year. Earlier this year, Mascotte Holdings filed applications for YEEZY (various clothing items), WAVE RUNNER (flip flops, sandals, shoes), and two applications for CALABASAS CLOTHING (various clothing items and bags).

So are the YEEZY SOUND applications related to a new streaming music services, record label, retail stores, or something else? Pay attention to these applications to find out.

Quarterly Index (7/1/16 - 9/30/2016)

How to Lose Your Trademark Filing Fees:

• File COOLING MATTRESS PAD for cooling mattress pads [merely descriptive]
• File TALKING BOTTLE OPENER for bottle openers [merely descriptive]
• File decorative/informational slogans on goods [ornamental use]

Entertainment Trademark Filings:

• Sony Pictures Files Trademark Application for LOS POLLOS HERMANOS [9/27/16]
• RoboCop Reboot? New Trademark Applications Related to Potential Streaming Show Filed [8/31/16]
• Is Korn Bringing Back The Family Values Tour? Recent Trademark Applications Provide Hints [8/30/16]
• Lionsgate Files 14 Trademark Applications for LIONSGATE ENTERTAINMENT WORLD [8/17/16]
• Is MY TAMAGOTCHI FOREVER the Next Pokémon Go? [7/20/16]
• Jon Taffer of Bar Rescue Files Trademark Application for "Shut It Down" Sound Mark [7/19/16]
• Mr. Steal Your Grandma Guy Files Trademark Application for #MrStealYourGrandma [7/13/16]
• Marvel Files 9 Trademark Applications for Spider-Man Logo [7/12/16]
• Incubus Files 10 Trademark Applications for Band's Name [7/11/16]
• Sylvester Stallone Files Trademark Applications for Potential Motivational Book [7/5/16]

Sports Trademark Filings:

• NBA Files 14 Trademark Applications Related to 2017 All-Star Game [9/12/16]
• Oakland Raiders File Multiple Trademark Applications for LAS VEGAS RAIDERS [8/25/16]

Food and Drink Trademark Filings:

• The EMOJI Trademark Trend Continues With Application for EMOJI BURGER [9/30/16] 
• Amstel Files Trademark Application for AMSTEL XLIGHT [9/23/16] 
• Chobani Files Frozen Yogurt-Related Trademark Application [9/19/16]
• A Pabst Brewing Company Restaurant? Maybe, Based on Recent Trademark Application [8/9/16]
• Is JUMBO JUICE for Beer Likely to Cause Confusion with JAMBA JUICE for Smoothies? [8/4/16]
• Company in Florida Files Trademark Application for "Life Force Infused" Water [8/2/16]
• OPRAH'S TABLE - Oprah's New Line of Food Products? [8/1/16]
• Jamba Juice Attempts to Register BANANA BERRY SMOOTHIE As Trademark for Smoothies [7/25/16]
• Is This Trademark Application For a New Sam Adams Beer Logo? [7/6/16]

Other Unique Filings:

• Wal-Mart Files 15 Trademark Applications for Member's Mark Logo [9/16/16]
• Zipcar Files Trademark Applications for ZIPBIKE [9/13/16]
• Paul G. Allen's Vulcan Files Six Trademark Applications Related to Space Travel [8/24/16]
• Linkedin Files Trademark Applications for LINKEDIN INFLUENCER [8/22/16]
• Evan McMullin Files Trademark Application for Presidential Campaign Logo [8/15/16]
• General Motors Files 3 Trademark Applications Covering Computer Software For Autonomous Driving of Vehicles [8/5/16]
• University of Houston Files Trademark Applications for HOUSTON LAW, HOUSTON LAW REVIEW Following Lawsuit Against Houston College of Law [7/15/16]

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.

SUNDIAL FILM FESTIVAL Confusable with SUNDANCE FILM FESTIVAL for Film Festivals?

On May 2, the Active 20-30 Club of Redding Foundation, Inc. d/b/a Sundial Film Festival filed a federal trademark application for SUNDIAL FILM FESTIVAL. The applicant filed the application in Class 041 for "[e]ntertainment services, namely, planning and conducting a series of film festivals[.]"

According to the Applicant's website, the Sundial Film Festival is a California-based film festival in its eighth year. This coincides with the April 7, 2008 first use date listed on the trademark application.

However, there is a pre-existing registration for the well-known SUNDANCE FILM FESTIVAL, which was filed in 1996 and registered in 1998. The services listed on the Sundance registration are also in Class 041 for "entertainment services, namely, planning, managing, and conducting an international film festival."

It's well known that Section 2(d) of the Trademark Act prohibits the registration of a mark that is confusingly similar to a previously filed mark that matures to a registration. In determining whether two marks are confusingly similar, the Trademark Office will consider several factors, known as the du Pont factors. Those factors are:

• The similarity or dissimilarity of the marks in their entireties as to appearance, sound, connotation and commercial impression;
• The relatedness of the goods or services as described in the application and registration(s);
• The similarity or dissimilarity of established, likely-to-continue trade channels;
• The conditions under which and buyers to whom sales are made, i.e., "impulse" vs. careful, sophisticated purchasing;
• The number and nature of similar marks in use on similar goods;
• The existence of a valid consent agreement between the applicant and the owner of the previously registered mark. See TMEP 1207.01.

The first two factors - the similarity of the marks and relatedness of the goods or services - are considered the most important. The more similar the marks at issue are, the less similar the goods or services need to be to support a finding of likelihood of confusion, and vice versa. TMEP 1207.01(a).

Will the Trademark Office refuse to register SUNDIAL FILM FESTIVAL due to a likelihood of confusion with SUNDANCE FILM FESTIVAL? Probably. Not only are the marks almost exactly the same, differing only in the last few letters of SUN-, but the services are in the same class and nearly identical. 

Note - it's interesting the Sundial Film Festival has been around for 8 years while the Sundance Film Festival has held a federal trademark registration for almost twenty. Sundance may not be opposed to Sundial. If that is the case, Sundial might use a consent agreement with Sundance to overcome a Section 2(d) refusal. See TMEP 1207.01(d)(viii). However, the record does not reflect such a consent agreement at this time.

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.

Quarterly Index (7/1/15 - 9/30/15)

How To Lose Your Trademark Filing Fees:

• File DOLPHIN AND SNORKEL TOURS for dolphin and snorkel tours [merely descriptive]
• File MUNCHIN DONUTS for donuts and coffee [likelihood of confusion]
• File NANF*CKET for apparel [scandalous] 
• Fail to file an appropriate specimen [failure to show mark]
• File large slogans on clothing [ornamental use]
• File marks that sound like another [likelihood of confusion]
• File REAL GOOD COFFEE for coffee [merely descriptive, laudatory]
• File an application for the word F*CK [scandalous]
• File [well known geographic location] + [descriptive/generic good] [geographically descriptive/misdescriptive]
• File marks that match the description of the underlying goods or services [merely descriptive]

Entertainment Trademark Filings:

• Fox Files BOB'S BURGER'S Trademark For Line of Retail Products [9/30/15]
• TINY HOUSE ON THE PRAIRIE Trademark Filed By A&E [9/17/15]
• MICHAEL BUBLE Shower Gel? [9/16/15]
• Playboy Files Trademarks for Possible New Logos [9/8/15]
• MGM Resorts Files Trademarks for Concert/Sports Venues [9/2/15]
• Marilyn Monroe's Estate Files Trademark for Computer and Video Games [8/31/15]
• Alanis Morissette Files Trademark For New Logo, Could be Making a Comeback [8/27/15]
• HUNKAPPELLA Trademark Snagged For A Cappella Services [8/21/15]
• New Shows Coming From The Cooking Channel? [8/18/15]
• HBO Files Trademarks for Look and Sound of its Iconic Opening and Closing Clips [8/17/15]
• Twentieth Century Fox Files Multiple Trademark Applications for Golden "E" [8/11/15]
• Marvel Files RED WOLF Trademark [7/30/15]
• Legally Blonde Television Show in the Works? [7/28/15]
• Production Company Behind Wicked Tuna Files Trademark Related to Celebrity Decathlon TV Show [7/24/15]
• Kris Jenner Files Trademark For Cosmetic Line [7/23/15]
• Steve Erwin Theme Park Coming to U.S.? [7/20/15]
• James Bond: The Musical? Not So Fast... [7/16/15]
• New Movie from Universal? Eight Trademark Applications for Stylized Guinea Pig Filed [7/14/15]
• Ubisoft Preparing for Rainbow Six Siege Release - RAINBOW SIX Trademark for Toys Filed [7/9/15]
• JURASSIC WORLD [7/7/15]

Sports Trademark Filings:

• Patrick Ewing Files Trademark for Own Name [9/10/15]
• U.S. Olympic Committee Files LOS ANGELES 2024 Trademarks Following Bid Announcement [9/9/15]
• New Lines of Callaway Golf Products May Be Coming Soon [8/24/15]
• United States Olympic Committee Files Trademark to Protect...Cowbells? [8/12/15]
• Trademark for New Home of Atlanta Braves Filed [7/15/15]

Food and Drink Trademark Filings:

• BUD LIGHT APPLE Coming to the U.S.? [9/29/15]
• New Fanta Flavor Coming? [9/22/15]
• Cooking Lessons From The Cheesecake Factory? Furniture? [9/21/15]
• Delicious SPAGHETTI MEATBALLWICH Trademark Filed [9/10/15]
• Tipsy Trademark For Alcoholic Pies Filed [8/28/15]
• REALLY BAD RUM CAKE Really Good Trademark? [8/6/15]
• Bouquet of Beer? It Is As Amazing As It Sounds [8/3/15]
• Cinnabon Vodka Coming Soon? [7/21/15]
• CHORIZO DOG: Delicious But Descriptive? [7/17/15]
• Tasty New Beer from 21st Amendment Brewery? TOASTER PASTRY Application Filed [7/8/15]

Other Unique Filings:

• TAILDATING - The Next Trend in Dating Services? [9/28/15]
• MANHATTAN TAP WATER Merely Descriptive? Not So Fast... [9/25/15]
• THE REDNECK GOLF CLUB Is Apparently in Florida [9/24/15]
• U.S. Navy Files Trademark for NCIS Badge [9/23/15]
• Tinder Files Trademark for SWIPE UP, New "Super Like" Featuring Coming Soon [9/15/15]
• HAVANA AIR Providing Private Flights to Cuba [9/3/15]
• Apple Files Trademark For "Activity" App Logo Days Before September Special Event [9/1/15]
• Donald Trump Files TRUMP Trademark to Protect Campaign Materials [8/19/15]
• THE GODFATHER Christmas Ornament Trademark Filed [8/14/15]
• EMOJI CARDS - Charades and Emojis Meet in Recent Trademark Filing [8/18/15]
• Konami Gaming Files Trademarks for Line of Slot Machines [8/7/15]
• Travel Agency Files CECIL THE LION Trademark Application [8/5/15]
• Victoria Secret Seeks Protection of Facebook Page with Trademark Registration [7/13/15]

Chrissy Teigen Files Application to Register CHRISSY TEIGEN as a Trademark

Chrissy Teigen, a celebrity, model, social media star, actor, who is also married to John Legend, has filed a application to register her name as a federal trademark (and this appears to be her first attempt to do so).

On March 23, a New York corporation called Suit & Thai Productions, Inc. (which Chrissy may be the president) filed a federal trademark application for CHRISSY TEIGEN. According to my quick search, this is the very trademark application filed by Suit & Thai Productions and the first application for CHRISSY TEIGEN ever filed with the U.S. Patent and Trademark Office.

The goods and services covered by this application, some of which are based on current use in commerce and some based on an intent to use, are as expansive as the celebrity's various undertakings.

Some of the goods and services covered that, according to the application, are already being offered in conjunction with the CHRISSY TEIGEN mark are: modeling services; television and motion picture film production services; personal appearances by a media celebrity, model, and actress; production of music, sound recordings, radio and television programs; books; magazines; and cook books.

Some of the goods and services covered that, according to the application, aren't currently being offered but might be offered under the CHRISSY TEIGEN name in the future include cosmetics; phone cases; various clothing and apparel; furniture and home furnishing; and retail store services featuring cosmetics.

How do we know the real Chrissy Teigen filed this trademark application? Under Section 2(c) of the Trademark Act, a trademark application for any name, portrait, or signature that identifies a living individual, or a deceased president of the U.S. during the life of the president's widow, cannot be registered without the written consent of the individual identified in the application (or by the president's widow). See also TMEP 1206.

Pursuant to Section 2(c), this trademark application included a written consent from Chrissy, seen above, to register this mark (the consent also states she is the president of Suit & Thai Productions, Inc.). A link to the full consent is here.

As I've blogged about before, it is not uncommon for celebrities and athletes to file trademark applications covering their names and nicknames. The trademark rights offered by a federal registration can be another powerful tool, sometimes used in conjunction with right of publicity laws, to control the use of a celebrity's or athlete's name.

Hot Girl Summer is Here - Megan Thee's Record Label Files Five Applications to Register HOT GIRL SUMMER as a Trademark

It's been dubbed the "catchphrase of summer 2019" and now it's the subject of five federal trademark applications. Rapper Megan Thee reportedly coined the term HOT GIRL SUMMER earlier this year, which she says means "“It’s just basically about women — and men — just being unapologetically them, just having a good-ass time, hyping up your friends, doing you, not giving a damn about what nobody got to say about it." With the phrase taking off, it appears Thee's record company is now taking steps to protect it through federal trademark registrations with the U.S. Patent and Trademark Office.

On July 21, Theory Entertainment, LLC (the legal entity that owns the 300 Entertainment logo trademark registration, which is Thee's record label) filed five trademark applications for HOT GIRL SUMMER, each in a different class (hence the five applications), covering:

• Entertainment in the nature of live performances by a musical artist or entertainer; entertainment in the nature of visual and audio performances by a musical artist or entertainer; and various related services (Class 41);
• Streaming of music, audio material, images, video material and other multimedia content over the internet, wireless networks and other computer networks and electronic communications networks; electronic transmission of streamed and downloadable music, audio, video and other multimedia content for others; broadcasting and electronic transmission of streamed and downloadable digital music, audio, video and multimedia content for others (Class 38);
• A wide variety of clothing items (Class 25);
• Various novelty items like posters, calendars, temporary tattoos, postcards, and scrapbooks (Class 16); and
• Musical sound recordings, downloadable video recordings featuring music, electronic games via the internet, and various related goods (Class 9).

The applications were filed on an intent-to-use basis, which means the record label must actually use the phrase as a trademark for the listed goods and services before these applications can mature into registrations. See TMEP 1101 et. seq.

On that same day, Theory Entertainment filed trademark applications for REAL HOT GIRL SHIT, COGNAC QUEEN, and TINA SNOW, all covering the same goods and services. Back in April 2019, the label filed similar applications for HOT GIRL MEG and MEGAN THEE STALLION.

A few days ago, Billboard.com incorrectly reported that Thee filed a trademark application for HOT GIRL SUMMER on July 10. While an application to register HOT GIRL SUMMER as a trademark for clothing was filed on July 10, it was not filed Thee or her label, but rather by an individual in D.C. who appears to have no relation to the rapper. Procedurally, because that application was filed before Thee's applications, it will be a barrier to Thee's registration of the same mark, but Thee has several options for getting over that barrier, both inside and outside the USPTO (a cease and desist letter, obtaining an assignment of the mark, opposing the application, etc.). 

Is This Trademark Application for ALMOND BUTTER Merely Descriptive or Generic? Not So Fast...

As I've blogged about before, the U.S. Patent and Trademark Office will not register (on the Principal Register at least) trademarks that are merely descriptive without a showing of acquired distinctiveness in the marketplace. 15 USC 1052(e)(1). Merely descriptive trademarks describe "an ingredient, quality, characteristic, function, feature, purpose, or use of the specified goods or services" and the law prefers that these descriptive designations remain free for all to use, at least until the relevant consuming public starts to associate that designation with a particular product or service. TMEP 1209.01(b). Generic terms, which are primarily understood to be the common or class name for particular goods or services, are never registerable as trademarks. TMEP 1209.01(c).

So will the USPTO register the mark ALMOND BUTTER (standard characters) filed by Slippery Squid, LLC on October 18, 2017? It's a descriptive, or possibly even generic, word combination, right? Not so fast. It all depends on the underlying goods or services, which in this case are described as "Audio recording and production; Entertainment services in the nature of live musical performances; Music publishing services; Presentation of musical performances; Production of sound and music video recordings." Is ALMOND BUTTER descriptive or generic for audio recording, music publishing, and music performances? Probably not (unless maybe the music is about almond butter).

In this case, ALMOND BUTTER is likely an arbitrary trademark because it has nothing to do with the underlying music services. Arbitrary trademarks "comprise words that are in common linguistic use but, when used to identify particular goods or services, do not suggest or describe a significant ingredient, quality, or characteristic of the goods or services." TMEP 1209.01(a). APPLE for computers is a good example of an arbitrary trademark. Arbitrary marks are much stronger than descriptive trademarks and therefore typically enjoy a greater degree of protection. Such marks can also be registered on the Principal Register without a showing of acquired distinctiveness.

This ALMOND BUTTER application is a good example of two important trademark concepts - (1) merely descriptive trademarks are weak, more difficult to register, and should be avoided, if possible and (2) the underlying goods and services play an important role in determining a trademark's strength (use of a word on some goods may be generic while use of the same word on other goods may be arbitrary).

In sum, had this application covered "almond butter" rather than music services, the applicant would have been in trouble. However, because the underlying services [probably] have nothing to do with almond butter, the risk of a refusal for being generic or descriptive is probably not likely (although there are several other issues that could prevent registration, such as creating a likelihood of confusion with a mark in a previously filed application or registration).

Prince's Company Files Multiple Trademark Applications For Holographic Musical Performances

Paisley Park Enterprises, Inc., Prince's main business company, had a busy day at the U.S. Patent and Trademark Office on June 2nd. On that day, the company filed 17 federal trademark applications for PRINCE, THE BEAUTIFUL ONES, and the symbol below in a variety of classes for a broad range of goods and services.

While several goods and services are listed in these applications, one particular service stands out - "holographic musical performances" in Class 41. Is a Prince hologram in the works? Apparently there was some buzz about a hologram shortly after Prince passed away last year, but these applications may be a step in that direction.

Why? Because these applications were all filed on an intent to use basis, which means the company submitted a verified statement that it has a bona fide intention to use these trademarks in commerce with the listed goods and services. TMEP 806.01(b); 15 USC 1051(b). Additionally, before these applications can fully register, Paisley Park Enterprises will need to submit sufficient proof that the marks are actually being used in commerce (i.e., it is actually providing holographic musical performances). TMEP 902. While this doesn't guarantee or require Paisley Park Enterprises to start using these marks with, for example, holographic musical performances, they do suggest something is in the works.

Some other goods and services covered by these applications include:

• Bars and restaurants (Class 43);
• Retail and online retail store services (Class 35);
• Books and other printed matter (Class 16);
• Guitars and guitar accessories (Class 15); and
• Musical sound recordings (Class 9).

The goods and services covered by the PRINCE [standard characters] applications and those covered by the design above are the same.

Is a holographic Prince performance, and perhaps a Prince restaurant or retail store, coming soon? Stay tuned and watch these applications to find out.

BUD LIGHT APPLE Coming to the U.S.?

On September 23rd, Anheuser-Busch, LLC filed a federal trademark application for BUD LIGHT APPLE as it relates to "[f]lavored beers." Sound delicious?

Apparently (and according to the Internet), Bud Light Apple is currently available outside of the United States and can be found in Canada. This is consistent with Anheuser-Busch's filing basis for this U.S. application. Anheuser-Busch filed this as a intent-to-use application, meaning it is not using this trademark in the United States yet, but alleged priority in this name based on a foreign use of the mark under 44(d) of the Trademark Act.

Given this recent trademark filing, it appears this flavored beer will be making its way into the United States within the next year or so. More information on this strange concoction can be found here and here.

Is Korn Bringing Back The Family Values Tour? Recent Trademark Applications Provide Hints

The metal band Korn created The Family Values Tour back in 1998 with the hopes of starting an annual rock and hip hop tour. In its heyday, the Tour included the likes of Limp Bizkit, Ice Cube, Stone Temple Pilots, Linkin Park, Method Man and Redman, DMX, and Evanescence. The Tour, however, has not seen any life since its one day festival in 2013. Until now.

On August 25th, an entity called Family Values Returns, LLC filed three federal trademark applications for THE FAMILY VALUES TOUR. The goods and services covered by these applications include:

• Class 041 - Entertainment services, namely, organizing touring festivals featuring heavy metal bands;
• Class 016 - posters, postcards and stickers;
• Class 025 - t-shirts, jackets and hats; and
• Class 009 - Musical sound recordings, namely prerecorded compact discs and audio tape cassettes featuring music; video recordings, namely prerecorded video tape cassettes and digital video discs featuring musical performances and entertainment.

Sounds a lot like a music tour to me. These applications were filed on an intent-to-use basis, meaning the mark is [probably] not being used in commerce yet, but the applicant has a bona fide intention to use it on the listed goods and services in the near future. TMEP 1101; 15 U.S.C. 1051(b).

The original THE FAMILY VALUES TOUR trademark registrations (now dead) were filed back in 1998 and 2003. Those registrations covered the exact same goods and services listed above and were owned by an entity called Family Values Tour, LLC.

While these new trademark applications do not guarantee THE FAMILY VALUES TOUR is coming back, the intent-to-use basis of the applications does suggest some sort of plans to bring the tour back are in the works.