The service listed on the application is "[p]roviding on-line videos featuring working out with wine, not downloadable[.]" Unfortunately this is an intent-to-use application so the applicant did not have to submit any evidence showing use of this trademark in commerce yet. It would be interesting to see how these wine workouts are marketed.
If the applicant is successful in obtaining this registration, he will obtain the exclusive, nationwide right to use the term WINO WORKOUTS as it applies to workout videos. However, I have a feeling the Trademark Office will consider this mark "merely descriptive" because the underlying service is essentially described by the trademark itself. Section 2(e)(1) of the Trademark Act prohibits the registration of a term that merely describes the underlying goods or services.
This mark may need to be amended to the Supplemental Register, where merely descriptive marks are allowed to hang out as they acquire distinctiveness in the marketplace. We will see in approximately three months when this application is assigned to an Examining Attorney at the Trademark Office.
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