Marvel Files RED WOLF Trademark

On July 21st, Marvel Characters, Inc. filed a trademark that may hint at an upcoming comic book series. Marvel filed a federal trademark application for RED WOLF as it relates to "[c]omic books; printed periodicals in the field of comic book stories and artwork[.]"

The application suggests that Marvel is not yet using this trademark but has an intention to do so in the near future. It appears the Red Wolf characters may be joining the Marvel Universe again soon.

Legally Blonde Television Show in the Works?

On July 20th, MGM Studios filed a federal trademark application for LEGALLY BLONDE as it relates to

Entertainment services in the nature of an on-going television series featuring comedy, drama and romance; providing on-line information in the field of television and video entertainment featuring comedy, drama and romance via the Internet; entertainment services in the nature of non-downloadable videos and images featuring television shows and entertainment transmitted via various distribution channels[.]

The basis of this application means MGM isn't using this mark yet but has an intention to do so soon. Does this mean MGM is planning a television version of Legally Blonde? We can only hope.

Today's Tip For Saving Your Filing Fee - Don't Say F$ck

On July 19th, a pro se applicant filed a trademark application with the U.S. Patent and Trademark Office for the mark FUCK FRANCHISE FRIDAYS. The associated services listed on the application are related to various lobbying services. This applicant appears to really hate franchises...

Unfortunately for the applicant, this application is dead in the water. The USPTO will not register a mark containing any variation of the work "fuck" pursuant to Section 2(a) of the Trademark Act. Section 2(a) prohibits the registration of any mark containing "immoral, deceptive, or scandalous matter." The USPTO considers the word "fuck" obscene and therefore egregiously scandalous.

There is not a single registered mark in the USPTO's database containing the term "fuck," only a graveyard of dead applications from misinformed applicant's. A few applicants successfully registered a trademark containing the acronym "WTF," however.

A quick consultation with a trademark attorney would have saved this applicant's $225 nonrefundable filing fee, which is all but lost now.

Production Company Behind Wicked Tuna Files Trademark Related to Celebrity Decathlon TV Show

On July 17th, Pilgrim Films and Television, Inc., the production company behind Wicked Tuna and The Ultimate Fighter, filed a trademark application for CELEBRITY DECATHLON as it relates to

Entertainment services, namely, an ongoing television series featuring a competition-based program and companion variety programs in the field of sports; entertainment services in the nature of a television program featuring live action, comedy and/or drama; entertainment services in the nature of a television program providing a virtual environment in which users can interact through social networking, global network, mobile telephone or other communication network; entertainment services in the nature of providing a website portal in the field of entertainment, news, sports and information via a global computer network[.]

This "intent to use" filing appears to be a preliminary step towards a celebrity decathlon reality show with some sort of viewer involvement through social media. Voting, perhaps? Keep an eye out.

Kris Jenner Files Trademark For Cosmetic Line

On July 16th, Jenner Communications, Inc. (the management/production company for the Kardashian, Jenner, and Disick families) filed a trademark application with the U.S. Patent and Trademark Office for KRIS JENNER as it relates to:

Fragrances; eau de parfum; eau de toilette; perfumes; hair care preparations; hair styling preparations; skin soap; bath and shower gels; bubble bath; body powders; body lotions; face lotions; body creams; body milks; skin toners; skin cleansers; beauty masks; body scrubs; facial scrubs; body oils; deodorant for personal use; lip balm; lip gloss; cosmetics; cosmetic preparations; nail polish; nail polish remover; and nail care preparations[.]

Kris Jenner's consent to register her name as a trademark (below) was submitted with the application as required by Section 2(c) of the Trademark Act.

The "intent to use" basis of the application means that Jenner Communications is not yet using Kris Jenner's name as a trademark on the listed goods but has a bona fide intention to do so in the near future. This exact same application was filed by Jenner Communications in December 2011 under an "intent to use" basis but, after requesting five extensions from the Trademark Office to file the form showing actual use of this mark in commerce (which is the maximum allowable), Jenner Communications apparently ran out of time to complete that application.

Kris appears to be joining Kim Kardashian, Kendell Jenner, and Kylie Jenner in the field of cosmetics. Kim obtained a federal trademark registration over her own name in the cosmetic field in 2011. Kris, Kim, Kendell, and Kylie appear to be the only Kardashians/Jenners who have actually filed a federal trademark for their own name in the cosmetic field.

 

Today's Tip - Avoid Geographically Descriptive and Misdescriptive Marks

On July 15th, an individual from Hawaii spent $2,475 in filing fees filing eleven trademark applications for the following marks:

1. Hollwood Yoga Mats
2. Los Angeles Yoga Mats
3. Huntington Beach Yoga Mats
4. Pacific Beach Yoga Mats
5. Big Sur Yoga Mats
6. California Yoga Mats
7. San Diego Yoga Mats
8. Laguna Beach Yoga Mats
9. Orange County Yoga Mats
10. Newport Beach Yoga Mats

The applicant filed all of these applications on an "intent to use" basis.

Unfortunately, Section 2(e)(2) of the Trademark Act prohibits the registration of marks that are primarily geographically descriptive and Section 2(e)(3) prohibits registration of marks that are primarily geographically deceptively misdescriptive. With limited exceptions, only marks that are primarily geographically descriptive may be salvaged on the Supplemental Register (which I call the minor leagues of trademark registrations) unless and until they obtain "acquired distinctiveness."

The test for whether a mark is primarily geographically descriptive is as follows (TMEP 1210.01(a)):

1. the primary significance of the mark is a generally known geographic location;
2. the goods or services originate in the place identified in the mark; and
3. purchasers would be likely to believe that the goods or services originate in the geographic place identified in the mark.

A mark is primarily geographically deceptively misdescriptive if (TMEP 1210.01(b)):

1. the primary significance of the mark is a generally known geographic location;
2. the goods or services do not originate in the place identified in the mark;
3. purchasers would be likely to believe that the goods or services originate in the geographic place identified in the mark; and
4. the misrepresentation is a material factor in a significant portion of the relevant consumer’s decision to buy the goods or use the services.

I'm from Ohio, have never been to California, and have heard of each one of those locations listed in the applicant's trademark registrations. Thus, these marks probably incorporate generally known geographic locations. Unfortunately, that means whether these yoga mats originate from the places identified in the marks is irrelevant to whether the examining attorney at the Trademark Office will issue a refusal to register these marks. These marks are either primarily geographically descriptive or deceptively misdescriptive and thus ineligible for registration at this time.

The applicant could amend any marks found to be primarily geographically descriptive to the Supplemental Register, but cannot do so until she actually starts using the trademarks in commerce (she only has an "intent to use" now). Any marks founds to be primarily geographically misdescriptive are ineligible for registration on the Principal or Supplement Register and will likely be lost.

In other words, the $2,475 nonrefundable filing fee fronted by the applicant is now in serious jeopardy. This scenario demonstrates the value of working with a trademark attorney who can help you identify and avoid bars to registration like those listed above.

Cinnabon Vodka Coming Soon?

On July 14th, Cinnabon, Inc. filed a trademark application for CINNABON as it relates to liqueur and vodka. The "intent to use" basis of the application means Cinnabon is not using the mark CINNABON in relation to liqueur or vodka yet but has a bona fide intention to do so in the near future.

Does this mean a line of Cinnabon flavored vodka is on the way? Will your local Cinnabon start selling liqueur? You be the judge.

Unfortunately for beer drinkers, Cinnabon filed this application in a class of goods (Class 33) that includes all alcoholic beverages except beer (which is in Class 32). Those hoping for a Cinnabon flavored beer will just have to wait.