Delicious SPAGHETTI MEATBALLWICH Trademark Filed

On September 6th, a restaurant in Tarzana, California filed a federal trademark application for the term SPAGHETTI MEATBALLWICH as it relates to "[s]andwiches; Sandwiches, namely, Meatball; Spaghetti and meatballs."

The applicant's specimen of use, shown above, is a screenshot of the sandwich on its website. Although website screenshots are not always acceptable specimens, this one should work.

According to Section 904.03(i) of the Trademark Manual of Examining Procedure, "a webpage can constitute a 'display associated with the goods' [which is an acceptable specimen] if it:

(1) contains a picture or textual description of the identified goods;

(2) shows the mark in association with the goods; and

(3) provides a means for ordering the identified goods."

As you can see on the specimen above, the webpage certainly shows a pictorial description of the sandwich, the trademark is in large letters right above the picture, and in the top right corner there is the ability to order online. If the webpage did not contain one of these elements, such as the ability to order the sandwich, it may not have been an acceptable a specimen.

If the applicant is successful in obtaining this registration, they will become the only restaurant that can name a sandwich the "Spaghetti Meatballwich."

Patrick Ewing Files Trademark for Own Name

On September 4th, Patrick Ewing filed a federal trademark application for his name, PATRICK EWING, as it relates to 

All purpose sport bags; All-purpose athletic bags; All-purpose carrying bags; Backpacks; Billfolds; Briefcases; Business card cases; Card wallets; Duffel bags; Handbags; Key wallets; Key-cases; Leather bags and wallets; Leather key chains; Luggage; Messenger bags; Toiletry bags sold empty; Tote bags; Umbrellas; Wallets.

As with all trademarks bearing a living individual's name, Patrick Ewing signed a consent form to register this trademark (seen below).

The application is an intent-to-use application so Patrick Ewing isn't using his names on these various items yet but has a bona fide intention to do so in the futre.

Patrick Ewing has had 12 trademark applications containing his name filed with the Trademark Office but only four of these are still alive. They relate to headwear, footwear, and shirts.

With this recent filing, Patrick Ewing seems to be expanding the line of products bearing his name. These products may be in stores in the near future.

U.S. Olympic Committee Files LOS ANGELES 2024 Trademarks Following Bid Annoucement

On September 3rd, the day after Los Angeles announced it would be seeking a bid for the 2024 Olympics, the U.S. Olympic Committee filed five federal trademark applications related to "organizing and promoting the City of Los Angeles for selection as the site of an international athletic event," ornamental lapel pins, and clothing. The trademarks are:

LA 24;

LA 2024; and

LOS ANGELES 2024.

The U.S. Olympic Committee submitted a screenshot of its Facebook page promoting the bid as its specimen of use, which shows each of the trademarks being used with the promotion services listed in the applications.

The move follows Boston's announcement in July 2015 that it would no longer be seeking a bid for the same Olympics.

Playboy Files Trademarks for Possible New Logos

On September 3rd, Playboy International Enterprises, Inc. filed eight different federal trademark applications, six of which were for the logo below.

The goods and services covered under these applications ranged everywhere from electronic cigarettes and tobacco, to a variety of clothing and apparel, barware items, athletic bags and backpacks, jewelry, and mobile applications.  

The other two trademark applications were for the logo below.

The goods and services listed under these two applications related to entertainment services in the form of video games, web-based applications, nightclubs, and social entertainment events.

Do these applications signal new logos for Playboy? Maybe. Playboy filed each of these applications on an intent-to-use basis, meaning the company is not using these logos in commerce yet but has a bona fide intention to do so in the near future.

HAVANA AIR Providing Private Flights to Cuba

On August 28th, a company in Miami, Florida called ViajeHoy, LLC filed a federal trademark application for HAVANA AIR as it relates to "[a]irline and shipping services; transportation services; arranging travel tours; rental of cars; travel agency services; airplane chartering; import and export cargo handling services[.]"

The company appears to be capitalizing on the newly established relations between the United States and Cuba, although the trademark application indicates this company has been using the mark HAVANA AIR since February 28, 2013.

According to the company's website, HAVANA AIR looks to provide private flights to Cuba from Miami, among other services.

With this filing, ViajeHoy, LLC seeks to become the only company legally permitted to use HAVANA AIR on airline services (as well as the other services listed in the application).

MGM Resorts Files Trademarks for Concert/Sports Venues

On August 27th, MGM Resorts International, Inc. filed two federal trademark applications related to "[p]roviding general purpose venues for sports and concerts[.]" The marks are LAS VEGAS VILLAGE and LAS VEGAS FESTIVAL GROUNDS.

MGM filed both these applications on an intent-to-use basis, meaning the company is not yet using these marks in commerce but has a bona fide intention to do so in the near future.

According to MGM's website, it appears the company is already operating "MGM Village" and "MGM Festival Grounds." Thus, it looks like the company is seeking to change the name of these venues.

In some instances, a new trademark may be "tacked" onto an old trademark, giving the new trademark priority that relates back to the first use of the old trademark (for example, MGM could have obtained priority in LAS VEGAS VILLAGE relating back to the first use of MGM VILLAGE). However, tacking only works when the new trademark is the legal equivalent of the old one (i.e. exactly the same or almost exactly the same) and the underlying goods or services are the same or substantially the same.

In MGM's case, "Las Vegas" is not the legal equivalent of "MGM" and thus tacking cannot be used (even though the underlying services are exactly the same).

For trademark owners, this demonstrates an important consideration - choose your trademark carefully. If you decide to change your name down the road, chances are you will need to file another trademark application if you wish to give yourself nationwide rights in the new name.

Apple Files Trademark For "Activity" App Logo Days Before September Special Event

On August 26th, Apple, Inc. filed a federal trademark application for the app logo below as it relates to

computer software for tracking, storing, viewing, monitoring, displaying, transmitting and managing user interaction data concerning exercise, physical activity, steps taken, distance walked or run, time standing or sitting, calories consumed, calories burned; computer software for tracking, monitoring and managing information and goals regarding a heath and fitness program; computer software for mobile telephones and mobile digital electronic devices[.]

The filing comes exactly two weeks before Apple's September 9th Special Event in which the company is expected to release a new iPhone 6S and iPhone 6S Plus along with a new, sleeker version of Apple TV. Apple submitted the screenshot below as proof of the application's use in commerce.

The application states Apple has been using this app logo since April 24, 2015 (which is exactly the date Apple Watch released) but I could not find it in the App Store for the iPhone. However, it does appear that this app is already being used on the Apple Watch. I also found at least one article reporting that this app appears on your phone after you connect it with an Apple Watch.

Given the timing of Apple's recent filing, and the language in the trademark application related to "computer software for mobile telephones," I would not be surprised if this new Activity App received some attention at the company's September 9th Special Event.