Friday, February 04, 2011

PALIN Trademark Applications Are Painful...

The Yahoo Headline this afternoon, Fri Feb 4, 12:26 pm ET, shouted:

Sarah Palin files paperwork to trademark her name

Wow! A cursory look at both applications (Sarah Palin; Bristol Palin) reveal a mess in terms of issues that have been cited the USPTO and which bar registration unless overcome by the applicant's. These applications were sloppily prepared... and filed based on the documents available online at The issues range from failure to indicate that the person whose name is being identified as the trademark has consented to its use; and more problematically, specimens of use that do not conform to the Trademark Rules or Trademark Manual of Procedure. In the end, Sarah and Bristol, in the undersigned's opinion, should punt and re-file new applications. This is not rocket science, folks.

For services, it is customary to use a screen shot of your homepage from your website that identifies your services and which features your service mark. Submitting third party promotional material that does not set forth or identify the claimed services will not suffice.

The TEAS Plus ($275) filing fee is also unavailable if you do not submit to prosecuting the application via email and if you set forth a customized identification of services, then you also cannot file via the discounted TEAS Plus application.

While it is not unusual for the USPTO to tweak the identification of goods and/or services in an application, the issues with the specimens in both the applications filed for SARAH PALIN and BRISTOL PALIN reveal what appears to be inexperience. Additionally, why not file based on "intent to use" and get your ducks in a row, as it were, before filing based on prior use with problematical specimens, etc.

Check out the TDR record online at USPTO for these applications which can be accessed through the USPTO's TESS database at:

(note: copy and paste the URL above into your browser, if you so desire).

Looks like Sarah and Bristol have gone rogue together in the filing of their respective trademark applications. Good luck fixing the specimens issues. It won't be cheap and it won't be pretty.

William Maguire
Los Angeles, Calif.

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