Wednesday, August 29, 2018

An American Idol Amusement Park Attraction? Maybe, According to a Recent Trademark Application

An American Idol-themed amusement park attraction may be in the works, if a recent trademark application is any indication.
On August 24th, FreemantleMedia North America, Inc. (the producer of American Idol) filed an application to register AMERICAN IDOL (in standard characters) as a trademark with the U.S. Patent and Trademark Office. But the services listed in this most recent application aren't for a reality show (they already have a registration covering those services). Instead, Freemantle North America listed the following services in the application:
Entertainment services in the nature of an amusement park attraction, namely, a themed area
An American Idol amusement park attraction? How will that work? Is it a ride? A talent competition? In what amusement park(s) will the attraction be placed? Unfortunately, the application does not provide any additional information related to Freemantle North America's plans.

But such information may come in the near future. Freemantle North America filed the application on an intent-to-use basis, suggesting it is not currently using AMERICAN IDOL as a trademark for these services yet, but has a bona fide intention to do so in the near future. 15 USC 1051(b); TMEP 806.01(b). Before this application can mature into a registration, however, the production company must start rendering the entertainment services listed in the application in interstate commerce and submit sufficient proof of same to the USPTO. See TMEP 1103.

In other words, generally that means the attraction is open and members of the public are traveling across state lines to visit it. When that occurs, Freemantle North America can submit various promotional materials used in the sale or advertising of the attraction to secure its registration for these services (so long as such materials prominently display the AMERICAN IDOL mark). TMEP 1301.04 et seq.

By that point, however, it's likely the theme park will already be announced. So if you're an American Idol fan, keep your eye out for a possible amusement park attraction coming soon.

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