Wednesday, March 22, 2017

Make-up Brushes Are Coming...HBO Files GAME OF THRONE [sic?] Trademark Application for Bath, Beauty Accessories

Game of Thrones fans may soon be able to incorporate their favorite show into their bath and beauty routine if a recent trademark application is any indication. On March 17th, Home Box Office, Inc. filed a federal trademark application for GAME OF THRONE (ed. - unclear whether the "S" was left off "Throne" on purpose). The trademark application comes a couple months before the premier of the show's new season later this summer.
The interesting aspect of this application, other than the fact that "S" is left off of "Throne", is the goods covered by it. Those goods are "Cosmetic brushes, eyebrow brushes, lip brushes, make-up brushes, nail brushes, powder compacts sold empty, powder puffs, bath products, namely, body sponges, bath brushes" in Class 21. HBO filed the application on an intent to use basis, which suggest it is not yet selling these goods under the GAME OF THRONE mark but has a bona fide intention to do so in the near future. 15 U.S.C. 1051(b); TMEP 1101.

We shouldn't be too surprised by this application, however. According to my quick search, HBO previously filed 40 trademark applications related to the GAME OF THRONES mark, with 26 of those still being active at the USPTO (although this is the first one for GAME OF THRONE - no "S"). Some of those other applications cover alcoholic beverages, candles, lip balm, and cookies.

HBO previously filed an application for GAME OF THRONES covering these same bath and beauty goods in October 2013, but that application was abandoned last month after five extensions of time to file a statement of use showing the mark being used in commerce were granted. Because an applicant can only request a maximum of five six month extensions of time to file a statement of use (37 CFR 2.89(c)), a new application was HBO's only option for continuing the registration process for this particular mark.

Update: On March 22nd, about 45 minutes after I posted this article, HBO filed a voluntary amendment to add an "S" to the mark, therefore correcting the typo and changing the mark to GAME OF THRONES.

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