Production Company Behind Ancient Aliens Files Trademark for Possible New Show

Prometheus Entertainment, Inc., the LA-based production company behind America's Book of Secrets, Ancient Aliens, and In Search of Aliens, continued its tradition of conspiracy themed television shows (with a focus on aliens in particular) with a recent federal trademark filing. On December 30th, the production company filed a federal trademark application for ALIEN QUEST.

The intent-to-use application listed the following related services on the application: "Entertainment services, namely, an ongoing series featuring non-fiction documentary subject matter regarding historical landmarks, cultures, artifacts and phenomena and possible connections to the influence of visits to Earth by extraterrestrial life forms, and connections between such visits to unsolved mysteries provided through broadcast television, cable television, satellite television and online networks[.]" 

This application suggests that the production company is working on another television show called "Alien Quest" that focuses on alien visits to Earth. Previously, the company has worked with the History Channel, E!, A&E, and the Travel Channel, among others, and one of these channels may be the home of this new show within the next couple years.

KISS Wine and Spirits Coming Soon?

Fans of the band Kiss may be able to enjoy KISS-branded spirits or wine soon. On December 11, Kiss Catalog, Ltd. filed two federal trademark applications for the design marks shown below. I am assuming Kiss Catalog, Ltd. is the legal entity holding the band's intellectual property given the 119 other trademark applications filed by the entity in the past.

These applications do not relate to music, however (the band owns other registrations for music services). These particular applications list "distilled spirits" or "distilled spirits; wines" in Class 33 as the related goods. Kiss Catalog filed both applications on an intent-to-use basis, which means the band is not using these marks in conjunction with distilled spirits or wine yet but does have a bona fide intention to do so in the near future. In other words, a KISS-branded spirit and/or wine may be hitting liquor stores near you soon.

New Restaurant From Dogfish Head Brewery?

On November 18, Dogfish Head Marketing, LLC (an entity with the same address as the Dogfish Head Brewery) filed a federal trademark application for CHESAPEAKE & MAINE in class 43 for "[r]estaurant and bar services; Serving food and drinks[.]"

According to Dogfish Head's website, the company does serve food at its brewery and operates three Dogfish Head Alehouses around the Washington, D.C. area. However, the website does not mention a Chesapeake & Maine restaurant, which this trademark application clearly seems to indicate. Given that Dogfish Head filed the trademark application on an intent-to-use basis, this makes sense (it means Dogfish Head is not using the trademark in commerce yet). It appears this Chesapeake & Maine restaurant may be in the early stages of development but is not yet open. Keep an eye out for a possible new restaurant announcement from Dogfish Head within the next year or so.

Major League Baseball Files New Design Mark

On November 12, Major League Baseball Properties, Inc. filed two trademark applications for the same design, shown below (the goods/services were in two different classes, hence the two applications).

The services listed on the first application are "Entertainment services, namely, baseball games, baseball skills competitions, and baseball exhibitions; Organizing and conducting youth programs in the field of sports; Hosting and conducting events in the nature of awards ceremonies; Providing news and information in the field of youth sports competitions[.]" On the second, the goods are listed as "Clothing, namely, headwear, shirts, jackets, sweatshirts[.]"

The MLB filed both these applications on an intent-to-use basis, meaning it is not using the mark in commerce yet. From the goods/services listed, it appears the MLB plans to use this mark in conjunction with baseball games, including youth games, and on apparel promoting the games. Given the timing, this logo might be making an appearance next season.

Fox May Be Planning Live Ice Age Show

The popular children's movie Ice Age (and all its sequels) may be getting a live show in the near future if a recent trademark application by Twentieth Century Fox is any indication. On November 5th, the company filed a federal trademark application for ICE AGE LIVE!

The goods listed on the application are numerous:

Presentation of live show performances related to motion picture films; providing on-line information in the field of motion picture film and video entertainment and live show performances related to motion picture films via the Internet; entertainment services in the nature of non-downloadable videos and images featuring motion picture film and live show performances related to motion picture films transmitted via the Internet and wireless communication networks; on-line journals, namely, blogs featuring personal opinions in the field of adventure, comedy and family entertainment; entertainment amusement park and theme park services related to motion picture films; entertainment services in the nature of musical, comedy and dramatic performances related to motion picture films[.]

Fox filed this application on an intent-to-use basis, which means the company is not currently using this trademark but has a bona fide intention to do so in the near future. In other words, it may be in talks to create a live Ice Age show. If you're an Ice Age fan, pay attention to this application.

BACONARA For Pizza Sauce Filed

Every once and a while I find a delicious trademark filing, and this is one of them. A creative (and hopefully culinary-inclined) individual in Florida filed a federal trademark application for BACONARA on November 1st. The only goods listed on the application are "pizza sauce."

A bacon flavored marinara sauce? Sounds good to me. If this applicant secures a registration for this trademark, he will obtain the exclusive, nationwide right to use the term BACONARA on goods related to pizza sauce.

However, the applicant filed this mark as an intent-to-use application. Section 1(b) of the Trademark Act allows the filing of "a trademark or service mark application based on a bona fide intention to use a mark in commerce 'under circumstances showing the good faith of such person.'" This means an individual can file a trademark for a term they are not yet using as long as that individual has a bona fide intention to use the mark in the near future.

At some point, the applicant will need to file an Allegation or Statement of Use showing the use of this mark in commerce (i.e. him selling BACONARA sauce). If he cannot do this, he will not be awarded a federal registration for his term. This applicant did not work with an attorney, so whether or not BACONARA is completely off the table for sauce makers is yet to be seen.

Viacom Files Trademark for THE SPONGEBOB MUSICAL

A couple months ago, a variety of outfits reported on the announcement of a SpongeBob SquarePants Broadway musical. Viacom took another step towards making this musical a reality by filing a federal trademark application for the musical's name on October 21st.

Viacom filed the application as an intent-to-use application (which makes sense considering the musical isn't set to premier until June/July 2016) for "[e]ntertainment, namely, live entertainment performances in the nature of live instrumental, musical, live comedy and live drama, live musical variety and dance performances; organization of exhibitions for educational and cultural purposes; production and provision of entertainment news, and entertainment information via communication and computer networks[.]"

This particular trademark application is for the "stacked format" of the title, which suggests this design is how the title will appear on marketing materials.

According to Variety.com, "'The SpongeBob Musical' begins previews at Chicago’s Oriental Theater June 7, 2016, for a limited engagement that runs July 3."

Target Files 20 Trademark Applications For Possible New House Brand

On October 16th, Target Brands, Inc. filed twenty different trademark applications for the phrase MADE BY DESIGN. Target filed each application in a separate class of goods, which accounts for the large number of applications.

Some of the products filed in the twenty different classes include fresh fruit, nuts, and vegetables, jewelry, stationary, baked goods, clothing, bed, kitchen, and bath linens, furniture, carrying bags, kitchen utensils, and cosmetics.  

Is this a new house brand by Target? Maybe. Target filed all of the applications on an intent-to-use basis, which means the company is not yet using the trademark in commerce but has a bona fide intention to do so in the near future. While this might signal Target is going to release a line of products under this trademark, it also might only signal that it is one of the brand names the company is considering. Regardless, a new house brand by Target may be hitting stores soon.

New Freddie Mac Logo? Mortgage Giant Files Design Trademarks

Mortgage giant Freddie Mac may be in the processing of implementing a new logo based on a recent trademark applications filed by the organization. On October 8th, the Federal Home Loan Mortgage Corporation filed a federal trademark application for the design below as it relates to "financial and real estate services in the field of mortgage loans and mortgage-backed or mortgage related securities[.]" 

Although the color scheme is similar, this mark is a departure from the current logo displayed on Freddie Mac's website. 

The mark above was also filed by Freddie Mac on the same day for the same services. The intent-to-use basis of these applications (meaning Freddie Mac isn't using them yet), and the fact that I could not find these designs anywhere on the internet, signals that Freddie Mac is in the process of re-branding.

Freddie Mac's strategic use of intent-to-use based trademark applications allows the organization to secure priority in mark before it is even being used. These applications are permissible and lawful as long as Freddie Mac had a bona fide intention to use the marks in the near future prior to filing. Keep an eye out for a logo change by Freddie Mac soon.

St. Louis Blues File Trademark for HEARTLAND OF HOCKEY

According to the St. Louis Blues, the Heartland of Hockey is located in St. Louis, Missouri. On October 7th, the NHL team filed a federal trademark application to maximize its legal rights in that phrase.

The team filed this intent-to-use trademark for professional hockey services and a variety of hockey related merchandise. If this application matures to a federal registration, the St. Louis Blues will be the only hockey team that can use the HEARTLAND OF HOCKEY phrase. Because this application is an intent-to-use application, the Blues will need to file a Statement or Allegation of Use showing use of this trademark in commerce before a registration can be issued by the U.S. Patent and Trademark Office.

That Allegation of Use might be coming sooner rather than later, however. The team is already putting the phrase out there as part of its push to host the 2018 World Juniors Championships. This trademark application follows an announcement in mid-September that St. Louis is one of the three finalists to host the World Juniors Championships. Buffalo and Pittsburgh are also still in the running.

Kansas Bank Files Trademark for FRAT CARD

For some reason, the Bank of Prairie Village in Prairie Village, Kansas has apparently decided to develop a line of debit cards directed at fraternity men and sorority women. The Bank filed four different federal trademark applications on October 1st for the following marks: FRAT CARD, FRATERNITY MAN CARD, SORORITY GIRL CARD, and SORORITY CARD.

All of these applications are intent-to-use applications (which means the bank is not selling these cards yet but has a plan to do so in the near future) and are related to "Banking services; Debit card services[.]"

Is Prairie Village even near a campus? Are these cards available to all college students or is a fraternity membership card required? What about alumni? Does the front of the card depict a game of beer pong? 

Many questions surround this card but they start to make sense when one see the picture of the Bank's office on St. Patrick's Day - they are definitely fraternity men (as a fraternity man myself it is acceptable to make these judgments). I wouldn't be surprised to see a trademark application for FRAT BANK follow the trademarks above.

ED HARDY Water?

Remember that Ed Hardy apparel brand that was popular for about six months in 2009 (thanks Jersey Shore)? The brand featured gaudy tattoo-like patterns inspired by its creator, Don Ed Hardy, and his California tattoo shop.

For better or for worst, a recent trademark filing for ED HARDY at the U.S. Trademark Office suggests that the brand is still alive and moving into different areas...into the areas of "nutritionally fortified water, energy drinks, mineral waters, aerated waters, flavored waters and soft drinks." Hardy Way, LLC filed this ED HARDY trademark application on September 30th and made Don Ed Hardy's signature of record, which is required when a trademark identifies a living individual.

Ed Hardy water? It may be coming soon. Hardy Way, LLC filed this trademark application on an intent-to-use basis, which means they are not yet using this trademark in commerce but have a bona fide intention to do so soon. 

I am picturing a gaudy, rhinestone covered water bottle selling for $19. We will find out if I'm right in the next year or so when it comes time for Hardy Way, LLC to file their Allegation or Statement of Use showing the trademark being used in commerce.

Fox Files BOB'S BURGER'S Trademark For Line of Retail Products

Fans of Fox's show Bob's Burgers are in for some goods news. On September 25th, just days before the Season 6 premiere of the show, Twentieth Century Fox Film Corporation filed a federal trademark application for BOB'S BURGERS related to a broad line of retail products.

The goods listed in the application are all in Class 28. This class includes games, play things, some sporting items, and Christmas decorations. Some of the specific items listed on this trademark application are: Christmas tree ornaments, board games, plush toys, toy jewelry, skateboards, balloons, costume masks, and playing cards.

This trademark application is an intent-to-use application, indicating that Fox is planning to develop some sort of Bob's Burgers retail line of products (or license the rights to do so). Fans can rejoice in knowing that the show, which is now in its sixth season, will probably be sticking around for a while.

BUD LIGHT APPLE Coming to the U.S.?

On September 23rd, Anheuser-Busch, LLC filed a federal trademark application for BUD LIGHT APPLE as it relates to "[f]lavored beers." Sound delicious?

Apparently (and according to the Internet), Bud Light Apple is currently available outside of the United States and can be found in Canada. This is consistent with Anheuser-Busch's filing basis for this U.S. application. Anheuser-Busch filed this as a intent-to-use application, meaning it is not using this trademark in the United States yet, but alleged priority in this name based on a foreign use of the mark under 44(d) of the Trademark Act.

Given this recent trademark filing, it appears this flavored beer will be making its way into the United States within the next year or so. More information on this strange concoction can be found here and here.

New Fanta Flavor Coming?

A new Fanta flavor may be hitting the shelves soon following a federal trademark application recently filed by the Coca-Cola Company (which owns the Fanta brand). On September 16th, the Coca-Cola Company filed an application for FANTA STRAWBERRY SHORTCAKE as it relates to "frozen confections."

This is an intent-to-use trademark application, meaning Coca-Cola is not using the trademark yet but has plans to do so soon.

Coca-Cola does not appear to own any other federal registrations incorporating FANTA and frozen confections, but the company did obtain a registration for FANTA FREEZE in 2005 related to "frozen confections." This application was cancelled in September 2012 but the Trademark Office's database will not tell me why (technical issues, apparently).

Does Coca-Cola's recent FANTA STRAWBERRY SHORTCAKE trademark represent a resurgence of frozen Fanta drinks? We might find out soon.

Cooking Lessons From The Cheesecake Factory? Furniture?

Do you love The Cheesecake Factory? Do you love their food so much that you wished they gave lessons in cooking? You might be in luck.

On September 14th, TCF Co., LLC filed a federal trademark application for THE CHEESECAKE FACTORY Design above as it relates to "[e]ducational services, namely, providing instruction in the fields of cooking; [e]ntertainment services, namely, providing webcasts in the field of food preparation and cooking; [e]ntertainment services, namely, the provision of continuing segments featuring food preparation delivered by television or [.]"

The Cheesecake Factory currently owns 28 live trademark applications or registrations for its popular name, and this one appears to be an extension of a similar trademark filed last November. The Cheesecake Factory failed to respond to an office action prior to the deadline in that application, so they had to file this new one. It is an intent-to-use application, which indicates The Cheesecake Factory is not providing these cooking webcasts yet, but plans to do so soon.

Interestingly, TCF Co., LLC filed another trademark application on the same day for furniture. This application is also an intent-to-use application. Will you be able to stock your home with furniture from The Cheesecake Factory soon? We might find out in the near future.

MICHAEL BUBLE Shower Gel?

Did you ever dream of a Michael Buble shower gel? Maybe a Michael Buble deodorant? Well, your dream is about to come true. On September 10th, the famous singer Michael Buble filed a federal trademark application for his own name, MICHAEL BUBLE, as it applies to

Body deodorants; Body sprays; Cosmetic preparations for bath and shower; Cosmetics; Deodorant for personal use; Deodorants for body care; Fragrances; Non-medicated bath preparations; Non-medicated preparations all for the care of skin, hair and scalp; Non-medicated skin care preparations; Non-medicated toiletries; Perfume; Shower and bath foam; Shower and bath gel[.]

How do we know this is actually Michael Buble? Section 2(c) of the Trademark Act prohibits the registration of a trademark containing any name, portrait, or signature that identifies a living person without that person's written consent. Michael Buble gave that consent with this application, seen below.

Additionally, the owner of the trademark is listed as Pancho Music, Inc. c/o Brue Allen Talent, Michael Buble's management agency.

So when will these Michael Buble bath products be available? This trademark application was filed on an intent-to-use basis, meaning Michael Buble is not using the trademark in commerce yet. He should, however, have a bona fide intention to do so in the near future. Expect to see these products available to come home to you soon.

Tinder Files Trademark for SWIPE UP, New "Super Like" Featuring Coming Soon

Most millennials know the "swipe right, swipe left" functions of the popular dating app Tinder, but on September 9th the company filed a federal trademark application for SWIPE UP.

The goods and services listed on the application are:

Downloadable software in the nature of a mobile application for internet-based dating and matchmaking; downloadable software in the nature of a mobile application in the field of social media, namely, for sending status updates to subscribers of web feeds, uploading and downloading electronic files to share with others[.]

These services are very similar to the description of services on the TINDER trademark application, leading me to believe that this term will be used in conjunction with the application as well. Earlier this year Tinder also filed trademark applications for SWIPE LEFT and SWIPE RIGHT.

On the date this trademark application was filed, Tinder published a blog post referring to a new "Super Like" function that will soon be available on the app. This function allows you to "swipe up" on someone's profile to let someone know he or she stands out and you like him or her more than other profiles on the dating app. Apparently, this service is only available in Australia currently but will be released to the rest of the world later this year, which is consistent with the intent-to-use basis of this application (meaning Tinder is not using the term in the United States yet).

Because all these applications were filed on an intent-to-use basis, Tinder has not had to submit specimens showing its use of these terms in commerce as trademarks yet. I will be curious to see what documentation they will eventually submit that shows SWIPE UP, SWIPE RIGHT, and SWIPE LEFT as trademarks given that these terms really just describe a function of the app. Tinder might have some issues there.

Tip For Saving Your Trademark Filing Fee - Don't File a MUNCHIN DONUTS Trademark

In a lesson on what not to do, a California company called Munchin Donuts, LLC filed federal trademark applications in two different classes for MUCHIN DONUTS. The underlying goods are listed as "donuts; coffee" and "catering of food and drinks; coffee shops."

Does the term MUCHIN DONUTS, especially when used in conjunction with coffee shops and donuts, remind you of anything? Maybe a huge brand named Dunkin' Donuts? If so, you just experienced what trademark law is designed to protect against: customer confusion as to the source of certain goods. 

In general, trademark infringement occurs when the same or similar term is used on related goods and services. Additionally, the Trademark Office will not register a mark that is confusingly similar to a mark that is already registered (and Dunkin' Donuts has multiple federal trademark registrations). See Section 1207 of the Trademark Manual of Examining Procedure.

Both MUNCHIN DONUTS trademark applications were filed on an intent-to-use basis, meaning the company is not using the name in commerce yet (and I doubt they ever will). Luckily, since the company is not yet using the term and appears to be early on in the branding phase, it should be fairly easy to come up with a new name (or at least easier than re-branding after several years of use).

When these applications are assigned to an examining attorney at the Trademark Office in approximately three months, that attorney will almost certainly cite Dunkin' Donuts' trademark registrations as a basis to refuse registration to MUNCHIN DONUTS. If not, I feel confident that Dunkin' Donuts will file an opposition to these registrations if the marks are actually published for opposition. In either case, both filing fees for these applications are likely lost (a total of $550).

The lesson - don't file an application that is confusingly similar to a pre-existing trademark. And use qualified trademark counsel.

Playboy Files Trademarks for Possible New Logos

On September 3rd, Playboy International Enterprises, Inc. filed eight different federal trademark applications, six of which were for the logo below.

The goods and services covered under these applications ranged everywhere from electronic cigarettes and tobacco, to a variety of clothing and apparel, barware items, athletic bags and backpacks, jewelry, and mobile applications.  

The other two trademark applications were for the logo below.

The goods and services listed under these two applications related to entertainment services in the form of video games, web-based applications, nightclubs, and social entertainment events.

Do these applications signal new logos for Playboy? Maybe. Playboy filed each of these applications on an intent-to-use basis, meaning the company is not using these logos in commerce yet but has a bona fide intention to do so in the near future.