Friday, May 24, 2019

Kim Kardashian West Has Already Filed 16 Applications to Register Her Newest Son's Name - PSALM WEST - as a Trademark

Kim Kardashian wasted no time filing applications to register the name of the newest addition to her family, her son Psalm West, as trademarks with the U.S. Patent and Trademark Office. On May 18, less than ten days after Psalm West was born, she filed 16 trademark applications for his name.

The applications cover a variety of merchandise, including:
The applications were filed by an entity called Kimsaprincess Inc., which also owns multiple trademark applications for NORTH WEST, CHICAGO WEST, and SAINT WEST. While that makes it pretty obvious these trademark applications are actually associated with Kim, she also provided her written consent to register PSALM WEST's name as a trademark with the applications, leaving no doubt these applications are actually associated with the real Psalm West.

Section 2(c) of the Trademark Act prohibits the registration of a trademark that consists of the name of a living individual without that individual's consent. In the case of minors, parents can sometimes provide this consent on their behalf. TMEP 1206.04(a).

The serial numbers associated with these applications, all of which were filed on an intent-to-use basis, are below.

Tuesday, May 7, 2019

A Kendall/Kylie Cosmetics Collab? Kendall Jenner Files Trademark Applications for KENDALL, KENDALL JENNER Covering Cosmetics

Kylie Jenner, Kendall's sister, launched her Kylie Cosmetics brand about three years ago and subsequently build it into an empire. Is Kendall now launching her own cosmetic line? Or planning a collaboration with Kylie? According to recent trademark applications, she might be.
On May 2, Kendall Jenner, Inc. filed trademark applications for KENDALL JENNER and KENDALL with the U.S. Patent and Trademark Office. Both applications cover the same goods in Class 3, namely:
Fragrances; eau de parfum; eau de toilette; perfumes; hair care preparations; hair styling preparations; bath and shower gels; bubble bath; body powders; body lotions; body creams; face lotions; body milks; skin toners; skin cleansers; beauty masks; body scrubs; facial scrubs; body oils; deodorant for personal use; lip balm; lip gloss; cosmetics; cosmetic preparations; nail polish; nail polish remover; and nail care preparations
Further, not only did Kendall give consent to Kendall Jenner, Inc. to file her name as a trademark (which is required under Section 2(c) of the Trademark Act), she also gave consent to Kylie's entity, Kylie Jenner, Inc. (see below). In other words, Kylie Jenner, Inc. is permitted to file a trademark application for KENDALL or KENDALL JENNER, strongly suggesting a collaboration between the sisters (which apparently they've had planned for a long time, considering Kendall signed the consent in 2015).
Interestingly, back in 2011 the sisters' legal entities jointly filed trademark applications for KENDALL AND KYLIE covering cosmetics, but those registrations never issued because the trademark was never actually put into use.

Kendall's legal entity also filed these most recent trademark applications on an intent-to-use basis, suggesting it is not using her name as a trademark for cosmetics yet, but has a bona fide intention to do so in the near future. TMEP 806.01(b); 15 USC 1051. According to my quick search, these are the first and only federal trademark applications filed by Kendall Jenner, Inc. in 2019.

For those of you hoping for a cosmetic collaboration between the Jenner sisters, you might be getting your wish soon.