Is Travis Scott Opening a Retail Clothing Store Called S.P.A.C.E VILLAGE? A Recent Trademark Application Suggests He Might Be

Is the rapper Travis Scott opening up a retail clothing store called S.P.A.C.E VILLAGE? He might be, according to a recent federal trademark application.

On April 22, an entity called LaFlame Retail, Inc. filed an application to register S.P.A.C.E VILLAGE as a trademark with the U.S. Patent and Trademark Office. The application was filed in two classes for the following goods and services:

• Clothing, namely, t-shirts, shirts, long-sleeved shirts, polo shirts, hooded shirts, sweatshirts, hooded sweatshirts, jerseys, shorts, sweat pants, jackets, scarves, pajamas, robes, boxer shorts, boxer briefs, underwear, head bands, wrist bands as clothing, swimsuits, skirts, dresses, bras, cardigans, blouses, tank tops, pants, coats, sweaters, leg warmers, socks, belts; footwear, namely, shoes, athletic shoes, slippers, boots, sandals; headwear, namely, hats, visors, beanies and caps (Class 25); and
• Retail store services featuring clothing and general merchandise; On-line retail store services featuring clothing, general merchandise and downloadable pre-recorded music and video (Class 35).

In short, is appears LaFlame Retail, Inc. intends to use this trademark as the name of an extensive clothing line and a retail clothing store.

Is LaFlame Retail, Inc. associated with Travis Scott? For starters, "La Flame" is the rapper's well-known pseudonym. Further, last month a similarly-named entity called Laflame Enterprises, Inc. used the same attorney to file a trademark application for TRAVIS SCOTT, which I blogged about here. It's therefore safe to assume this application is also related to Travis Scott.

So, does this application mean Travis Scott is actually opening a retail clothing store and/or releasing a S.P.A.C.E VILLAGE clothing line? Maybe. This application was filed on an intent-to-use basis, suggesting the S.P.A.C.E VILLAGE trademark is not currently being used with the goods/services listed above, but LaFlame Retail, Inc. has a bona fide intention to use it in the near future. TMEP 806.01(b); 15 USC 1051(b). If the applicant wants this trademark to actually register, it will need to start using the trademark in interstate commerce and submit sufficient proof of same to the USPTO. See TMEP 1103. If it does not, the application will eventually be abandoned.

According to my quick search, this is the first and only federal trademark application owned by LaFlame Retail, Inc.

Do Your Fingers Need Socks? Try FINGERSOXX

Are your fingers often cold? Do you wish your fingers had socks like your feet? A recent trademark application may highlight the perfect solution for you. On January 31st, a creative individual in Florida filed a federal trademark application for FINGERSOXX as it relates to (you guessed it) "[c]lothing, namely fabric sleeves for fingers" in Class 025.

Good news - the applicant filed this application on a 1(a) basis, meaning he is already selling this unique creation. According to the application, he has been doing so since December 14, 2015 (although I could not find these items online via a quick search). If this applicant is successful in obtaining a registration for this mark, he will obtain the exclusive, nationwide right to use the term FINGERSOXX on goods related to clothing.

NANF*CKET Trademark Clever But Entirely Unregisterable

On August 20th, a man from Nantucket filed a federal trademark application for NANFUCKET as it relates to "Hats; Hooded sweatshirts; Shorts; Sweatpants; Sweatshirts; Swimwear; T-shirts; Underwear[.]"

Unfortunately for this guy, the Trademark Office will not register a trademark containing the word "fuck" because it considers the word obscene and egregiously scandalous (I previously blogged about this bar to registration here) and under Section 2(a) of the Trademark Act, the Trademark Office is prohibited from registering any mark containing "immoral, deceptive, or scandalous matter." 

Other clever trademarks that died in the Trademark Office for containing the term include: PUCKFITTSBURGH, CHUCKLEFCK, F CK TERRORISTS, and GO FUCK YOUR #SELFIE. Ha!

Not only will this application be refused under Section 2(a) for being scandalous, but the applicant appears to be only using his term as decorative, ornamental use and not as a trademark given the specimen submitted above. As previously blogged about here, a slogan plastered across the front of clothing rarely functions as a trademark and causes issues in the registration process.

Any trademark attorney could have quickly identified these issues for the applicant, but unfortunately he did not appear to work with an attorney. This filing will almost certainly result in the loss of the applicant's $225 nonrefundable filing fee.

Today's Tip For Saving Your Trademark Filing Fee - Avoid Decorative Use on Clothing

A very common mistake made by pro se applicants (and some attorneys too) relates to trademark filings for clothing. There is a misunderstanding that if one comes up with a unique or catchy phrase and puts it on a t-shirt or hat, it can be protected with a trademark registration. This is not usually the case.

A trademark, by definition, is a source identifier. That means when a customer sees a trademark, they automatically know from where that product or service comes. When you see the Nike swoosh on a shirt, you immediately know where that shirt comes from and the level of its quality. The same goes when you see the Starbucks logo on a bag of coffee. Thus, a trademark is more than just a catchy word or phrase - it identifies the source of a particular product or service.

When you see the phrase on the shirt below, does "High Maintenance Redneck" strike you as the company behind the shirt? Or does it strike you as a catchy, decorative phrase that is supposed to refer the wearer?

The phrase above, like most phrases plastered across the front of t-shirts, is a decorative feature and does not function as a trademark. Section 1202.03 of the Trademark Manual of Examining Procedure (TMEP) provides more insight - "[s]ubject matter that is merely a decorative feature does not identify and distinguish the applicant’s goods and, thus, does not function as a trademark. A decorative feature may include words, designs, slogans, or trade dress."

In determining whether a phrase or design on clothing functions as a trademark or is merely decorative, the Trademark Office will consider "the size, location, and dominance of the proposed mark, as applied to the goods." TMEP 1202.03(a). Specific to slogans or phrases on shirts, the Trademark Office has stated "[s]logans or phrases used on items such as t-shirts and sweatshirts, jewelry, and ceramic plates have been refused registration as ornamentation that purchasers will perceive as conveying a message rather than indicating the source of the goods." TMEP 1202.03(f)(i).

Thus, the applicant's HIGH MAINTENANCE REDNECK application filed on August 14th will receive an office action refusing to register the trademark because, as it is pictured in the applicant's specimen above, it is being used in a decorative manner and not as a trademark. 

How do you protect a phrase or slogan on clothing? The best practice is place it on your clothing where you would typically see a trademark for a clothing company. The tag of the shirt is a great place to start. Small, discrete logos on the breast pocket or sleeve usually work as well. Whatever you do, don't rely on a slogan plastered across the front like the applicant above.