Universal City Studios Files 7 Trademark Applications for PETMOJI

Back at it again with the emoji-related trademarks. This time the applicant is Universal City Studios, which may have big plans for the mark given the scope of the trademark applications.

On April 22nd, Universal City Studios, LLC filed 7 federal trademark applications for the word mark PETMOJI. The studio filed each application on an intent-to-use basis.

The most interesting applications are in the following classes:

• Class 041 for "[e]ntertainment services, namely, providing a website enabling users to create and share digital images, icons, pictographs, graphics and illustrations on mobile devices, wireless devices, social media platforms and global computer networks and in electronic communications and via a wireless computer network; entertainment services, namely, providing online games; providing a web-based system and on-line portal for customers to participate in on-line gaming; entertainment services, namely, providing temporary use of non-downloadable computer games; entertainment services, namely, providing digital television series, webcasts or webisodes via a global computer network and portable and wireless communication devices;" and
• Class 009 for "[d]ownloadable computer software, mobile applications and keyboard applications for creating and sharing digital images, icons, pictographs, graphics and illustrations on mobile devices, wireless devices, social media platforms and global computer networks and in electronic communications; computer game software; downloadable mobile application for a video game; downloadable interactive computer, video and electronic game programs via a global computer network, wireless communication devices and portable electronic devices; interactive computer, video and electronic game programs, software, cartridges and memory cards; computer game software for personal computers and home video game consoles; mobile phone accessories, namely, phone cases and covers, phone charms, wired and wireless earbuds, cell phone mounts, phone clips and screen protectors[.]"

These applications together suggest that Universal has some intention to create a website and/or software to facilitate the creation and sharing of icons and images (probably related to pets).

The remaining trademark applications are for related merchandise, such as toys, housewares, clothing, and jewelry. Thus, the studio apparently has some intention of developing a line of PETMOJI-related goods as well.

Unfortunately for the rest of us, this probably means the use of PETMOJI for websites, software, or the goods listed on Universal's applications is off limits until Universal decides whether to proceed with these applications. And don't expect the emoji-related trademarks to slow down any time soon.

Is Michael Kors Developing a Smart Watch?

A recently filed federal trademark application might suggest Michael Kors is getting into the smart watch business. On April 4th, the fashion company filed a federal trademark application for MICHAEL KORS as it relates to a variety of smart watch goods and services, including:

• "Wireless communication devices featuring telecommunication functionality to allow the transmission of text, data, audio, image and video files; electronic monitoring devices comprised of microprocessors and accelerometers, for identifying, storing, reporting, monitoring, uploading and downloading data and information for personal physical fitness and training purposes; downloadable mobile applications and software for smart watches and mobile devices for processing, reviewing and editing data to enable users to control the presentation and information available from the devices; wearable sensors for personal physical fitness and training purposes to gather biometric data and also including monitors and displays sold as a unit" in Class 009;
• "Wearable sensors for health and wellness purposes to gather biometric data and also including monitors and displays sold as a unit" in Class 010;
• "Smart watches comprised primarily of wristwatches and also featuring software for sending and receiving data or to be used to monitor personal fitness activity; horological and chronometric instruments, watches, timepieces, watch straps, watch bands; jewelry; wearable digital electronic devices comprised primarily of wristwatches, bracelets, rings, or necklaces and also featuring software for sending and receiving data or to be used to monitor personal fitness activity" in Class 014; and
• "Software as a service featuring software to identify, store, report, monitor, upload and download data and information from a wearable digital electronic device" in Class 042.

A trademark application covering goods or services related to the sale of bands for smart watches would not surprise me, as other fashion brands are doing the same, but this trademark application seems to cover the actual smart watch itself. 

While the intent-to-use filing basis of this application does not guarantee that Michael Kors will be coming out with smart watches (see another post on the intent-to-use basis), it does indicate that the company has a bona fide intention to do so.

Netflix Files Trademark Application For Title Screen Sound

If you binge watch Netflix like I do, you know the "da dum" sound that plays when the Netflix title screen appears. Apparently, in musical terms, that is a sound "comprising [of] two sixteenth note timpani strikes on D2 and D3, simultaneously which with are played three dotted half notes on D2, D4, and D5" and Netflix just filed a federal trademark application to protect it.

For those of you who are not familiar with the sound, the video above is the specimen Netflix submitted with its trademark application.

Just like names and logos, sounds are also capable of serving as trademarks if they identify the source of a good or service. Sound marks "function as source identifiers when they 'assume a definitive shape or arrangement' and 'create in the hearer's mind an association of the sound' with a good or service." See TMEP 1202.15; In re Gen. Electric Broad. Co., 199 USPQ 560, 563 (TTAB 1978). Sounds can generally be registered as trademarks when they are arbitrary, unique, or distinctive. However, commonplace sounds or sounds goods make in their normal course of operation (like alarm clocks, telephones, etc.) cannot be registered unless they acquire distinctiveness in the marketplace.

In this case, Netflix is seeking protection of the sound above as it relates to entertainment and streaming services in both Class 038 and Class 041. According to the trademark application, Netflix first started using this sound in commerce on February 27, 2015.

If this application matures to a registration, Netflix will obtain the exclusive, nationwide right to use this sound in conjunction with the services listed in its trademark application.

NBCUniversal Files Trademark Application for SONGLAND

The network that broadcasts the popular singing competition The Voice recently filed a federal trademark application for what might be another music-related show. On March 30th, NBCUniversal Media, LLC filed a federal trademark application for SONGLAND.

The services listed on the application are in Class 041 for "[e]ntertainment services in the nature of a television series featuring music, artists and entertainment." NBCUniversal filed the trademark application on an intent-to-use basis, so a specimen showing use of the mark in commerce was not submitted with the application.

Does this mean NBC will be airing a show called SONGLAND? Maybe. Filing an intent-to-use application requires a "bone fide" intention to use the mark in commerce. This means something more than a mere idea to use the mark exists. It could be the development of marketing plans, a script, signing contracts with talent, etc. However, despite the filing, NBCUniversal is not required to use the mark in the future. Thus, while an intent-to-use trademark applications seems to indicate the applicant will be using the trademark at some point, it does not guarantee such use.

Back At It Again..."Damn Daniel" Meme Creators File More Trademarks

Earlier this week, I blogged about Daniel Lara and Josh Holz filing federal trademark applications for DAMN DANIEL with the United States Patent and Trademark Office. Well, the teens are back at it again.

On February 26th, two days after the DAMN DANIEL filings, the teens filed federal trademark applications for BACK AT IT AGAIN and DAMN DANIEL BACK AT IT AGAIN. These phrases are repeated over and over in the popular internet video released by Josh last month.

The teens filed these trademark applications in Class 025 for "[c]lothing, footwear, headgear" and in Class 041 for "[s]ervices having the basic aim of the entertainment, amusement or recreation of people." The entertainment services in Class 041 list a first use date of February 15, 2016 (the date Josh Holz posted the video to Twitter). According to the applications, the teens are not yet using the trademarks on the apparel listed in Class 025.

As mentioned in my previous post, the teens will obtain the exclusive, nationwide right to use the term BACK AT IT AGAIN and DAMN DANIEL BACK AT IT AGAIN on these goods and services if these applications mature into a federal trademark registration.

EMOJI CARDS - Charades and Emojis Meet in Recent Trademark Filing

In a sign of the times, a federal trademark application for EMOJI CARDS was filed by Spicy Doodles Gaming, Inc. in Long Beach, California on August 3rd.

The goods listed on the application are

Collectable trading cards; Educational publications, namely, educational learning cards, flash cards, activity cards, workbooks, textbooks, activity books, story books, puzzle books, printed puzzles, teacher guides, manuals, posters and educational booklets in the field of symbols; Picture cards; Trading cards; Card games; Educational card games; Game cards; Playing cards; Playing cards and card games; Trading card games; Trivia game played with cards and game components[.]

According to the game's Kickstarter page, the point of the game is to "[u]se cards of your favorite emoji to get your team to guess pop culture clues." What a time to be alive.

Will the game be successful? According to the Kickstarter page, the game raised over $20,809 from 251 people in less than a month. Apparently even Mark Cuban tweeted about it.

If you were thinking about making your own "Emoji Cards" game related to any of the goods listed above, your time may have passed.

Today's Tip for Saving Your Trademark Filing Fee - Avoid Descriptive Phrases

A unique and catchy phrase can serve as a great trademark for your business. However, a common laudatory phase does not. A federal trademark registration gives one a nationwide monopoly over the mark, so the law is drafted to avoid giving any one person or business a monopoly over certain phrases or words that everybody in an industry should be allowed to use (generic terms, many descriptive terms, common phrases, etc.).

Section 1209.03(s) of the Trademark Manual of Examining Procedure states "[s]logans that are considered to be merely informational in nature, or to be common laudatory phrases or statements that would ordinarily be used in business or in the particular trade or industry, are not registrable [as a trademark]." For example, the Boston Beer Company attempted to register THE BEST BEER IN AMERICA but was denied under this rule and Sections 1, 2, and 45 of the Trademark Act.

That leads us to a trademark filing on July 28th for REAL GOOD COFFEE as it relates to "coffee cups, teas, and mugs" and "coffee." The applicant had only been using the phrase since October 21, 2014.

When this application is reviewed by an examining attorney at the Trademark Office in approximately three months, I would not be surprised to see an office action finding this mark merely descriptive because this slogan is a common laudatory phrase. Had the applicant been using this mark for several years and really distinguished itself in the market, it might get away with this filing, but that is not the case. If this application registered, think about the result - no other person or business selling coffee or mugs would be able to use the phrase "real good coffee" without risking liability.

Notably, the applicant did not appear to work with an attorney in filing this application. A qualified trademark attorney could have pointed out the potential difficulty in getting this mark registered and saved the applicant's $450 filing fee (it filed in two classes at $225 each). In this case, the applicant will have difficulty overcoming a merely descriptive refusal and that filing fee is in serious jeopardy.

Bouquet of Beer? It Is As Amazing As It Sounds

Seeking to protect the name of its genius gift box idea, the Bouquet of Beer Corporation filed a trademark application on July 28th for the word mark BOUQUET OF BEER as it relates to "[g]ift boxes made of cardboard."

I wouldn't mind receiving this gift for my birthday. For those of you thinking of doing something similar, be careful. The Bouquet of Beer corporation did not limit the description of its goods to only gift boxes containing beer but rather submitted a broader definition of its goods. By doing so, the company secured protection from anything related to a gift box made of cardboard named something similar to "Bouquet of Beer." The company has been using this mark in commerce since June 2015.