Amid Controversy, HBO Files Trademark Applications for CONFEDERATE

When HBO announced a new alternate history drama based on the southern states' successful secession from the union, it drew some controversy. But that didn't stop HBO from filing two applications to register the show's title as a federal trademark a couple days later.

On July 21, Home Box Office, Inc. filed two trademark applications for CONFEDERATE, in standard characters, with the U.S. Patent and Trademark Office. HBO filed one application in Class 9 and the other in Class 41, covering the following goods and services:

• Video recordings featuring a dramatic television series; downloadable video recordings featuring a dramatic television series; downloadable computer games; downloadable computer game software for use with wireless devices and personal computers; downloadable multimedia file containing artwork, text, audio, video, games, and internet web links relating to television; video game cartridges and discs; video game software; mousepads; headphones and earphones; downloadable software in the nature of a mobile application for viewing videos featuring entertainment content relating to a dramatic television series; protective cases specially adapted for laptop computers, tablet computers, smart phones and other portable electronic devices, namely, media players, mobile phones and personal digital assistants; plastic, rubber or vinyl protective coverings specially adapted for laptop computers, tablet computers, smart phones and other portable electronic devices, namely, media players, mobile phones and personal digital assistant (Class 9);
• Entertainment services in the nature of a television series in the field of drama; providing entertainment information, news and commentary via an on-line global computer network; interactive online entertainment in the nature of a website containing non-downloadable photographic, video, audio and prose presentations, and video clips featuring content from or related to a television series in the field of drama (Class 41).

HBO filed the applications on an intent to use basis, suggesting it is not using the mark in commerce with the listed goods and services yet, but has a bona fide intention to do so in the near future (which makes sense considering the show has not yet aired). TMEP 806.01(b); 15 USC 1051(b). Before the marks can register (assuming the examination process goes smoothly), HBO will need to start using the CONFEDERATE mark in interstate commerce in conjunction with the listed services (which may, or may not, happen given the controversy). TMEP 1103; 15 USC 1051(c)-(d).

According to reports, production of Confederate will begin after the final season of Game of Thrones (the Game of Thrones creators are teaming up with HBO to create Confederate).