By now you may have heard about the viral RompHim sensation - a romper designed specifically for men and possibly the hottest summer trend of 2017. The guys behind the newest fashion trend and their business entity, Aced Clothing, LLC, sought to raise $10,000 for their idea on Kickstarter but have greatly exceeded that, raising $365,563 so far.
ROMPHIM on March 29, 2017 that covers "Headwear; Jackets; Pants; Rompers; Shorts; Tank tops; Wearable garments and clothing, namely, shirts; Jackets." As of the date of this post, it has not been assigned to an examining attorney at the U.S. Patent and Trademark Office for review.
A more recent trademark application by Aced Clothing, LLC, however, suggests the company might not be solely focused on men after all. On May 16th, it filed another federal trademark application for ROMPHER (get it?). Similar to the ROMPHIM application, this application also covers various clothing items, although the specific items vary slightly. The ROMPHER application covers "Bathing suits; Dresses; Hats; Pants; Rompers; Shirts; Shorts; Skirts; Tank tops."
Aced Clothing filed the ROMPHER, and ROMPHIM, applications on an intent to use basis, suggesting it is not yet using these trademarks in commerce but has a bona fide intention to do so in the near future. See TMEP 806.01(b); 15 USC 1051(b). This makes sense because, at least in the case of ROMPHER, it does not appear Aced Clothing is selling these goods yet. Before either of these applications will fully register, Aced Design will need to start selling or shipping the RompHim and RompHer goods in interstate commerce and submit sufficient proof of same to the USPTO. See TMEP 1103.
The ROMPHIM trademark application will probably be assigned to an examining attorney at the USPTO within the next month and the ROMPHER application sometime around mid-August (it typically takes around 3 months after an application is filed for it to be assigned to an attorney at the USPTO for review). When assigned, the examining attorney will review the applications and determine whether they should be approved for publication (one of the final phases in the registration process) or, if there is a problem, issue an Office action to which the company will need to respond accordingly.
Will RompHer catch on like RompHim? We can only hope.
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