When It's This Bright Outside, You Gotta Wear Shades!

Protect your eyes. Protect your trademark.  I wear this pair of PERSOL® sunglasses below to avoid the glare of the sun and to protect my eyes from sun damage.

This pair of PERSOL® sunglasses above sports the famous design trademark on the frame and attaches to the lenses, in addition to its word mark (Persol).  Both the design mark and the word mark are registered with the U.S. Patent and Trademark Office.  Owned by the Luxottica Group, this is what the drawing of this design mark looks like (below) as set forth at uspto.gov in the "TESS" database:

Goods and Services	IC 009. EYEGLASSES, SUNGLASSES [, EYEGLASS LENSES, EYEGLASS FRAMES, EYE SHADES AND PROTECTIVE GOGGLES ]. FIRST USE: 19770900. FIRST USE IN COMMERCE: 19841200
Mark Drawing Code	(2) DESIGN ONLY
Design Search Code	26.11.28 - Miscellaneous designs with overall rectangular shape; Rectangular shapes (miscellaneous overall shape)
Serial Number	73771094
Filing Date	December 21, 1988
Current Basis	1A;44E
Original Filing Basis	1A;44E
Published for Opposition	September 26, 1989
Registration Number	1571656
Registration Date	December 19, 1989
Owner	(REGISTRANT) GIUSEPPE RATTI INDUSTRIA OTTICA S.P.A. JOINT STOCK COMPANY ITALY LUNGODORA FIRENZE 119 TORINO ITALY(LAST LISTED OWNER) LUXOTTICA GROUP S.P.A. CORPORATION VIA CESARE CANTU, 2 20123 MILAN (MI) ITALY
Assignment Recorded	ASSIGNMENT RECORDED
Prior Registrations	1455030
Type of Mark	TRADEMARK
Register	PRINCIPAL
Affidavit Text	SECT 15. SECT 8 (6-YR). SECTION 8(10-YR) 20100130.
Renewal	2ND RENEWAL 20100130

June 27th is "National Sunglasses Day!"

Prada, Hobie, Electric, SPY, Ray-Ban, Persol... All Famous Brand names protected by trademark registrations.  What we see here in the stylized photo above, however, is a design mark that is a trademark of the Persol eyewear and which is placed on the eyeglass frames adjacent to the lenses and typically offset the dominant color of the frames with the design mark typically in the metallic shade of silver.

In addition to other design marks, the owner of the Persol line of sunglasses, eyewear, and eyeglass frames, etc., is the following U.S. trademark registration (as shown in the edited TESS record below available at www.uspto.gov):

Goods and Services	IC 009.  EYEGLASS FRAMES. FIRST USE: 19660203. FIRST USE IN COMMERCE: 19750000
Mark Drawing Code	(2) DESIGN ONLY
Design Search Code	16.03.07 - Eyeglasses; Frames, eyeglass; Glasses, eye; Glasses, safety; Goggles; Safety goggles; Spectacles; Sunglasses 26.15.02 - Plain single or multiple line polygons; Polygons (plain, single line)
Serial Number	73635200
Filing Date	December 12, 1986
Published for Opposition	June 9, 1987
Registration Number	1455030
Registration Date	September 1, 1987
Owner	(REGISTRANT) GIUSEPPE RATTI INDUSTRIA OTTICA S.P.A. DBA RATTI INDUSTRIA OTTICA JOINT STOCK COMPANY ITALY LUNGODORA FIRENZE, 119 TORINO ITALY(LAST LISTED OWNER) LUXOTTICA GROUP S.P.A. CORPORATION VIA CESARE CANTU, 2 20123 MILAN (MI) ITALY
Assignment Recorded	ASSIGNMENT RECORDED
Type of Mark	TRADEMARK
Register	PRINCIPAL
Affidavit Text	SECT 15. SECT 8 (6-YR). SECTION 8(10-YR) 20070823.
Renewal	1ST RENEWAL 20070823
Live/Dead Indicator	LIVE

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And considering the gigantic list of registrations in the name of this Registrant, its future looks bright and their customers will surely continue to wear shades.

For more information about trademarks, please visit our website at:

http://www.TrademarkEsq.com

Respectfully submitted,


William E. Maguire, Esq.
LAW OFFICES OF WILLIAM E. MAGUIRE
Los Angeles, Calif.

www.tmesq.com

High Brow Trademarks...

University of Kentucky Basketball Star and perhaps Pick #1 in the upcoming 2012 NBA Draft, Anthony Davis, Trademarks His Brow.

Anthony Davis Trademarks His Brow

By: Darren Rovell
CNBC Sports Business Reporter

http://www.cnbc.com/id/47951613

"excerpt": 

Davis, known for his connected eyebrows, trademarked the phrases “Fear The Brow” and “Raise The Brow” earlier this month.

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But get this, a savvy sports enterprise, BlueZone, LLC, in Kentucky filed for this same application before Anthony Davis.  Check this out:

Word Mark:  FEAR THE BROW
Goods and Services International Class (IC) 025. Clothing, namely, footwear, headwear, tops, bottoms, shirts, pants, t-shirts, hooded sweat shirts, sweat pants, sweat shirts, and sweats. FIRST USE: 20111104. FIRST USE IN COMMERCE: 20111104 Standard Characters Claimed Mark Drawing Code (4) STANDARD CHARACTER MARK Serial Number 85477805 Filing Date November 21, 2011 Current Basis 1A Original Filing Basis 1A Owner (APPLICANT) BlueZone, LLC LIMITED LIABILITY COMPANY KENTUCKY 2573 Richmond Road, Suite 320 Lexington KENTUCKY 40509 Attorney of Record John Salcido Type of Mark TRADEMARK Register PRINCIPAL Live/Dead Indicator LIVE

Anthony Davis only just filed for this same trademark on June 5, 2012, as follows:

Word Mark:  FEAR THE BROW
Goods and Services IC 003. After-shave; Cosmetics; Deodorants and antiperspirants; Fragrances; Hair care preparations; Non-medicated skin care preparations; Perfumes, aftershaves and colognes; Shaving preparations; Skin cleansers; Skin lotions; Soaps for body care

IC 016. Book covers; Books in the field of sports; Bumper stickers; Calendars; Decals; Document covers; Events albums; Facial tissue; Ink pens; Lunch bags; Memo pads; Napkin paper; Newsletters in the field of sports; Note cards; Note pads; Paper pennants; Pencils; Posters; Publications, namely, brochures, booklets and teaching materials in the fields of sports; Sports trading cards; Stationery; Stickers; Unmounted and mounted photographs; Wrapping paper

IC 021. Aluminum water bottles sold empty; Bottle openers; Bottles, sold empty; Bowls; Combs; Containers for household or kitchen use; Cups; Insulating sleeve holder for bottles; Insulating sleeve holders for beverage cans; Lunch boxes; Mugs; Plastic water bottles sold empty; Portable coolers; Waste baskets

IC 025.  Belts; Cloth bibs; Coats; Footwear; Hats; Headbands; Hosiery; Jackets; Jerseys; Night shirts; Pajamas; Pants; Parkas; Rugby shirts; Shorts; Sport shirts; Sweat pants; Sweat shirts; Sweaters; T-shirts; Tank tops; Warm-up suits; Wrist bands

IC 035.  Charitable services, namely, organizing and conducting volunteer programs and community service projects; Endorsement services, namely, promoting the goods and services of others; On-line retail gift shops; Producing promotional videotapes, video discs, and audio visual recordings

IC 041.  Entertainment services, namely, participation in basketball; Entertainment services, namely, personal appearances by a sports celebrity; Providing a web site featuring sporting information; Providing a website featuring information relating to the sport of basketball; Providing news and information in the field of sports; Sport camps; Sports training services

Standard Characters Claimed Mark Drawing Code (4) STANDARD CHARACTER MARK Serial Number 85643417 Filing Date June 5, 2012 Current Basis 1B Original Filing Basis 1B Owner (APPLICANT) Anthony Marshon Davis, Jr. INDIVIDUAL UNITED STATES 6559 S. Sangamon Chicago ILLINOIS 60621 Attorney of Record C. Brandon Browning Type of Mark TRADEMARK. SERVICE MARK Register PRINCIPAL Live/Dead Indicator LIVE

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Separately, the additional trademark application filed by Anthony Davis for RAISE THE BROW below, does not appear to have been filed by anyone else to date. 

Word Mark RAISE THE BROW Goods and Services IC 003. US 001 004 006 050 051 052. G & S: Aftershave; Cosmetics; Deodorants and antiperspirants; Fragrances; Hair care preparations; Non-medicated skin care preparations; Perfumes, aftershaves and colognes; Shaving preparations; Skin cleansers; Skin lotion; Soaps for body care

IC 016. Book covers; Books in the field of sports; Bumper stickers; Calendars; Decals; Document covers; Event albums; Facial tissue; Ink pens; Lunch bags; Memo pads; Mounted and unmounted photographs; Newsletters in the field of sports; Note cards; Note pads; Paper pennants; Pencils; Posters; Publications, namely, brochures, booklets, and teaching materials in the field of sports; Sports trading cards; Stationery; Stickers; Wrapping paper

IC 021.  Aluminum water bottles sold empty; Bottle openers; Bottles, sold empty; Bowls; Combs; Containers for household or kitchen use; Cups; Insulating sleeve holder for bottles; Insulating sleeve holders for beverage cans; Lunch boxes; Mugs; Plastic water bottles sold empty; Portable coolers; Waste baskets

IC 025.  Belts; Cloth bibs; Coats; Footwear; Hats; Headbands; Jackets; Jerseys; Night shirts; Pajamas; Pants; Parkas; Rugby shirts; Shorts; Sports shirts; Sweat pants; Sweaters; Sweatshirts; T-shirts; Tank tops; Warm-up suits; Wristbands

IC 035.  Charitable services, namely, organizing and conducting volunteer programs and community service projects; Endorsement services, namely, promoting the goods and services of others; On-line retail gift shops; Producing promotional videotapes, video discs, and audio visual recordings

IC 041.  Entertainment services, namely, participation in basketball; Entertainment services, namely, personal appearances by a sports celebrity; Providing a web site featuring sporting information; Providing a website featuring information relating to the sport of basketball; Providing news and information in the field of sports; Sport camps; Sports training services

Standard Characters Claimed Mark Drawing Code (4) STANDARD CHARACTER MARK Serial Number 85642988 Filing Date June 4, 2012 Current Basis 1B Original Filing Basis 1B Owner (APPLICANT) Anthony Marshon Davis, Jr. INDIVIDUAL UNITED STATES 6559 S. Sangamon Chicago ILLINOIS 60621 Attorney of Record C. Brandon Browning Type of Mark TRADEMARK. SERVICE MARK Register PRINCIPAL Live/Dead Indicator LIVE

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Comments:  It seems likely that the interloper/enterprising third party, BlueZone, LLC, will eventually abandon its registration efforts.  The mark filed by BlueZone would appear to raise issues of both trademark infringement and rights of publicity owing to its design element of the Anthony Davis 'unibrow' that he is already well known to have on his head.

Both parties may call time out to discuss an amicable resolution and it would not surprise us if BlueZone seeks a license in exchange for its agreement to abandon its registration efforts.

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For more information about trademarks, please visit our website at:

http://www.TrademarkEsq.com

Until next time.....


William E. Maguire, Esq.
Los Angeles, Calif.

Summer 2012: Trademarks in the Sun, Sand & Surf!

Summer is here!  Are your trademarks registered?  Check out our article on the basics of trademark selection, clearance and registration:

http://trademarkesq.com/pages/article9.php

For more information about trademarks, please visit our website at:

http://www.TrademarkEsq.com

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Until next time.....

William E. Maguire
TMESQ.com

WWII Era Goodyear Logo and Trademark Solves Mystery...

Here's a Great Story !... and it mentions a world famous trademark to boot!

World War II hobbyist solves a family's decades-old mystery

    http://www.latimes.com/news/local/la-me-plane-search-20120529,0,3053696.story?track=rss

excerpt:

Soon, villager Veline Wesley shouted out that she had found a piece of metal — a 4-foot section of wing strut — with the Goodyear symbol stamped on it.

http://www.stripes.com/news/pacific/wwii-hobbyist-solves-us-pilot-mystery-in-s-pacific-1.178852#

x-ref:

(a)  what the missing aircraft looked like

    http://www.rcgroups.com/forums/showthread.php?t=1560168

(b)  A screen grab of the Pacific Wrecks website that led three women to find what happened to their uncle in WWII.

(note:  screen grab photo of downed aircraft below is not the Corsair at issue).

( Source: PacificWrecks.org )

(c)   Additional story posted by NBCLosAngeles.com

Nieces' Search for Their Uncle's WWII Plane Wreckage Takes Them Around the World

    http://www.nbclosangeles.com/news/local/Nieces-Visit-Unlces-WWII-Wreckage--155126945.html

excerpt:

Most corsairs were built by Vought, but Lt. Mike Zanger flew a plane built by Goodyear. They needed to find the Goodyear stamp. Hanigan said it was grueling and precise work.

“We were looking for a very small stamp that was smaller than a dime,” she said.

One of the local women came over and asked Hanigan’s sister to draw the logo – it was a capital “G” with a smaller capital “A” inside of it. (emphasis added)

(d)   Wikipedia article on the F4U Corsair:

    http://en.wikipedia.org/wiki/Vought_F4U_Corsair

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Stay tuned as we are continuing to research this issue in the hopes that we can locate a drawing or a photograph of the specific "G" logo or trademark that was found on the downed aircraft mentioned above.

Respectfully submitted,


William E. Maguire
Los Angeles, Calif.

www.TrademarkEsq.com




***   ***   ***

THE MEN IN BLACK: From Comic Book To Feature Film

A trademark program that began in 1992 is described in the linked story below and is especially relevant with the third film in the MIB series being released across the nation yesterday, May 25, 2012, as shown in the photo below featuring a large billboard advertisement in West Los Angeles.

(Photo by & Copyr. Will Maguire 2012.  All Rights Reserved.)

THE MEN IN BLACK: From Comic Book To Feature Film:

http://trademarkesq.com/pages/article4.php

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Respectfully submitted,


William E. Maguire
www.TrademarkEsq.com
LAW OFFICES OF WILLIAM E. MAGUIRE
Los Angeles, California


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"Five Guys"... The Trademark...

"Five Guys"... The Trademark...

or more properly said, the service mark.  Just before leaving for this year's Annual Meeting of the Intl. Trademark Assn. (INTA), we posted about the In-n-Out Burger trademark.  Then we arrived in Wash. D.C. and spied a "Five Guys" burger location in Dupont Circle. Having heard the hype, we were duty bound to check it out.  The Five Guys Cheeseburger does not disappoint. It is Exceptional!  They don't make shakes, though...  just sayin'...

In any event, for the trademark - service mark curious, here is the (abbreviated) USPTO "TESS" record for the FIVE GUYS service mark:

Word Mark	FIVE GUYS
Goods and Services	IC 042: Restaurant Services. FIRST USE: 19860226. FIRST USE IN COMMERCE: 19860226
Mark Drawing Code	(1) TYPED DRAWING
Serial Number	76316757
Filing Date	September 24, 2001
Current Basis	1A
Original Filing Basis	1A
Published for Opposition	March 12, 2002
Registration Number	2576160
Registration Date	June 4, 2002
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Respectfully submitted, William E. Maguire,  www.TrademarkEsq.com
***   ***   ***

Double-Double® ... The Trademark

"Full Disclosure":  This article is written for the fair use purpose of briefly discussing the trademark significance of the "Double-Double" trademark registration owned by IN-N-OUT Burgers Corp., the beloved independent burger chain that started in Southern California.

Introduction: 

Below is a photo taken by the undersigned this past February at the very first In 'n Out Burger in Buena Park, Calif, just off the I-10 Freeway on the way back from Big Bear from a day of skiing (on a Thursday after some fresh snow fell...)

The packaging for the famous "Double-Double®" trademark:

note: the above packaging is identical to the specimen on file at the TTAB which was submitted by IN-N-OUT's counsel.  

Below, a photo of the official training facility for IN-N-OUT Burger employees, loftily and cheerfully called "IN-N-OUT UNIVERSITY", and which is right next door to their original store in Buena Park, which one customer calls the "mother ship".

Trademark Registration (USPTO "TESS" Record):

Word Mark    DOUBLE-DOUBLE
Goods and Services    IC 030. US 046. G & S: A sandwich, namely, a burger the principal ingredients of which are two meat patties and two slices of cheese. FIRST USE: 19631231. FIRST USE IN COMMERCE: 19631231
Standard Characters Claimed   
Mark Drawing Code    (4) STANDARD CHARACTER MARK
Trademark Search Facility Classification Code    NOTATION-SYMBOLS Notation Symbols such as Non-Latin characters,punctuation and mathematical signs,zodiac signs,prescription marks
Serial Number    77515377
Filing Date    July 6, 2008
Current Basis    1A
Original Filing Basis    1A
Published for Opposition     November 25, 2008
Registration Number    3572485
Registration Date    February 10, 2009
Owner    (REGISTRANT) In-N-Out Burgers CORPORATION CALIFORNIA 10th Floor 4199 Campus Dr. Irvine CALIFORNIA 92612
Attorney of Record    Edward O. Ansell
Prior Registrations    1002370;1165723;2109126;AND OTHERS
Type of Mark    TRADEMARK
Register    PRINCIPAL
Live/Dead Indicator    LIVE

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We hope you have enjoyed this article and for those of you near an In-N-Out Burger we anticipate you will be heading there directly!

Respectfully and Cheerfully submitted,

William E. Maguire, Esq.
www.TrademarkEsq.com
Los Angeles, CA

***   ***   ***

Trademarks Defined & Illustrated

What the heck is a trademark anyways? Here is one definition from the International Trademark Assn (INTA), which the undersigned has been a member of for many years.

I. Trademarks Defined

"A trademark is any word, name, symbol or device (or any combination thereof) that identifies and distinguishes the source of the goods of one party from those of others. Similarly, a service mark is any word, name, symbol or device (or any combination thereof) that identifies and distinguishes the services of one party from those of others. Service marks are often referred to as trademarks for convenience or because certain jurisdictions may not recognize the term service mark.

A trademark or service mark can be a word, logo, slogan, package design or other source indicator (or a combination thereof), or any other cognizable thing that serves to indicate a particular source, good or service."

An example of a well known "word" mark is NIKE® or ADIDAS® or BODY GLOVE®. And speaking of BODY GLOVE®, this trademark owner also has a very famous design mark or logo that features a drawing of a hand. Another example of a famous design or logo would be that belonging to the owner of the Ferrari trademark for cars.

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II. Illustrations: Every picture tells a story... don't it?!..

A. Ferrari. Below, is a new Ferrari vehicle which my nephew informs me is the "Ferrari 360 Modena!"


This car above features the design of a horse as a logo and represents a registered trademark, as follows, from the TESS database at the U.S. Patent and Trademark Office (USPTO; www.uspto.gov):

Mark Image


Word Mark SF
Goods and Services IC 012. US 019 021 023 031 035 044. G & S: Land motor vehicles, namely, motor cars, automobiles and sport cars, and structural parts and accessories thereof sold as a unit, suspension systems for automobiles, engines, transmissions and brakes for land vehicles, motor car bodies, motorbikes and, bicycles

IC 024. US 042 050. G & S: Flags made from fabrics, textile table cloths and napkins, beach towels, bed linen, bed covers, blankets
Mark Drawing Code (3) DESIGN PLUS WORDS, LETTERS, AND/OR NUMBERS
Design Search Code 03.05.01 - Horses
03.05.24 - Stylized horses, donkeys, zebras
24.01.02 - Shields or crests with figurative elements contained therein or superimposed thereon
Serial Number 78459915
Filing Date July 30, 2004
Filing Basis 44E
Original Filing Basis 1B;44E
Published for Opposition May 9, 2006
Registration Number 3122681
Registration Date August 1, 2006
Owner (REGISTRANT) Ferrari S.p.A. SOCIETA PER AZIONI ITALY Via Emilia Est 1163 41100 Modena ITALY
Attorney of Record Albert Robin
Description of Mark The mark consists of a shield with a representation of a prancing horse, a letter "S" at the lower left-hand side of the prancing horse and a letter "F" at the lower right-hand side of the prancing horse.
Type of Mark TRADEMARK
Register PRINCIPAL
Live/Dead Indicator LIVE

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B. Below, is a photo of a popular food truck in So. California, esp. in L.A. County. Shown here is the KOGI Korean BBQ food truck which has a large rabid and loyal customer base.



KOGI is considered a service mark because it provides "Mobile cafe services for providing food and drink." This particular mark is registered as a composite or design mark because it is composed of both a word, namely, "KOGI" plus a design element, as shown below.


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C. Below, is a photo of the West Los Angeles retail store, GIANT ROBOT, which features toys and collectibles and has a huge customer fan base. GIANT ROBOT is also a service mark, in this case for retail services.



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Please stay tuned and check back in with us for more brief remarks about trademarks.

Kind regards,

William E. Maguire
www.TrademarkEsq.com
Los Angeles, Calif.

*** *** ***

Obama Derivative Work or Unlawful Copy?

(Photo by Will Maguire. Dec. 23, 2011.)
A new Obama themed political statement poster appeared today on a street corner in West Los Angeles near my office. This is what it looks like (see above). It is entirely black and white.

Funny thing is... this appears to be a b/w copy or derivative work of an underlying and separate work of art entitled, "Socialism" (aka, the Obama Joker Street Art Poster) that is at least four colors from 2009 which can be viewed below and on the following link.


http://animalnewyork.com/2009/08/obama-joker-posters-upset-natural-street-art-order/

We do not know if the same ***artist/creator is involved in both of these posters, but if not, then this could well be a case of unlawful copying in violation of the U.S. Copyright Act. Merry Christmas to the creator if he/she registered the underlying work with the U.S. Copyright Office and whereby statutory damages may be available. The Jury is out..... for the holiday... so we will just have to wait and see.

Happy Holidays!

William E. Maguire
LAW OFFICES OF WILLIAM E. MAGUIRE
Los Angeles, Calif.
www.TrademarkEsq.com

*** artist/creator. The artist, Firas Alkhateeb, who created the original (circa 2009) poster art featuring the Obama Joker character was previously identified by the L.A. Times at:

http://latimesblogs.latimes.com/washington/2009/08/obama-joker-artist.html

"...Bored during his winter school break, Firas Alkhateeb, a senior history major at the University of Illinois, crafted the picture of Obama with the recognizable clown makeup using Adobe's Photoshop software."

YAO MING wine?!...

(Image source: Yao Family Wines via "ThePostGame.com". Used here for "Fair Use" purposes only.)

You may be thinking, "That sounds like a tall tale!?"... and you would be right. Turns out Yao Ming is turning the water of the Yangtze into wine. Well, not really. In fact, he has lent his name to a Napa Valley vintage, is the truth of the matter. Yao is now into wine apparently. At $289 for a bottle of his 2009 Cabernet Sauvignon it better be good too!

Here is the link to one article on this story:

http://www.thepostgame.com/blog/chompions/201111/better-age-yao-ming-enters-world-wine

Additionally, per the above-referenced article, "Yao Family Reserve, a 500-case production available later this year, will be even more expensive." Cha Ching, Ming!... Turns out, however, that Yao Family Wines is going to focus on the Chinese market rather than the U.S., but heck basketball fans may want to sing with Ming over a bottle... you never know.

In any event, Yao must have registered his name for wine, right? Well, let's see...
According to the USPTO's trademark database, there is a pending trademark application for wine for the mark, YAO MING, as follows:

Word Mark YAO MING
Goods and Services Intl. Class #33 for Wine
Standard Characters Claimed
Mark Drawing Code (4) STANDARD CHARACTER MARK
Serial Number 85405999
Filing Date August 24, 2011
Current Filing Basis 1B
Original Filing Basis 1B
Owner (APPLICANT) 9 Dragon Cellars, LLC - Napa Wine Series LIMITED LIABILITY COMPANY DELAWARE 824A Healdsburg Avenue Healdsburg CALIFORNIA 95448
Attorney of Record Jay Behmke
Type of Mark TRADEMARK
Register PRINCIPAL
Other Data The name(s), portrait(s), and/or signature(s) shown in the mark identifies Yao Ming, whose consent(s) to register is made of record.
Live/Dead Indicator LIVE

This TESS trademark record reveals that this application was filed this past August 24, 2011 based on "intent to use", which means that the Applicant must still file a Statement of Use before it can gain a registration for wine. Additionally, the Applicant is a Limited Liability Company, as opposed to Yao Ming as an individual. One can only assume that Yao Ming, the man, is a participant or member of this LLC.

So there you have it:

Yao Ming, the basketball player
Yao Ming, the businessman
Yao Ming, the wine.

Good luck, Yao.

*** *** ***

Until next time.....


William E. Maguire, Esq.
www.TrademarkEsq.com
Los Angeles, CA

30 ROCK Rocks!

.... or so the advertisement said on the back of an RTD bus this morning on the freeway. After 5 years or so on the air, this tv show has been in second run syndication for a couple of years, with reruns being broadcast on the Fox network in Los Angeles.

And just in case you were wondering... yes, the owners of this show, Rockefeller Group, Inc., have a registered service mark in the U.S., as follows:

Word Mark: 30 ROCK
Goods and Services IC 041, for "Entertainment services, namely, an on-going comedy television series; entertainment services, namely, a website featuring information regarding a comedy television series; providing online, non-downloadable television programs and entertainment programming related to a comedy television series; and providing podcasts in the field of comedy television programming."
FIRST USE: 20061011. FIRST USE IN COMMERCE: 20061011 Standard Characters Claimed

Serial Number 85014515 Filing Date April 15, 2010

Registration Number 3882956 Registration Date November 30, 2010

Owner (REGISTRANT) Rockefeller Group, Inc. CORPORATION NEW YORK 1221 Avenue of the Americas New York NEW YORK 10020
Register PRINCIPAL Live/Dead Indicator LIVE

Since this application was filed based on prior use, the Registrant had to submit a specimen of use of the mark with its application. In this particular case, the Registrant submitted a webpage (see below) featuring the service mark and describing or otherwise indicating that the mark was being used in connection with a television show and podcasts.

(partial reproduction of specimen submitted by Registrant; shown here for illustrative purposes only)

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With this tv series in second run syndication, this registration no doubt supports the licensing of this series since it is customary that a Licensor make certain representations and warranties with respect to the licensed property. This registration set forth above would support such a covenant. Additionally, with a hugely successful television series there is the potential for ancillary revenues from merchandising. Thus, other classes are likely being contemplated.

For more information about the selection, clearance and registration of trademarks and service marks with respect to tv shows and movies, we invite you take a look at the ARTICLES posted on our website at:

http://TrademarkEsq.com

Respectfully submitted,

William E. Maguire,
LAW OFFICES OF WILLIAM E. MAGUIRE
Los Angeles, Calif.

*** *** ***

September 11th: We Will Never Forget

Sunday, Sept. 11, 2011: Pepperdine Flag Memorial In Honor of Victims of 9-11. Stunning Tribute.


(Photo by Will Maguire.)

Additional photos posted at:

http://countyrecurrent.blogspot.com/2011/09/photo-by-copyright-steve-hotchkiss-2011.html

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Respectfully,


William E. Maguire, Esq.
www.TrademarkEsq.com

"Breaking Benjamin" or breaking up badly...

August 2, 2011

http://ca.news.yahoo.com/lead-singer-breaking-benjamin-says-fired-bandmates-unauthorized-163929618.html

Excerpted from:

Lead singer of Breaking Benjamin says he fired bandmates after unauthorized remix of hit song

By Michael Rubinkam, The Associated Press | The Canadian Press
ALLENTOWN, Pa. - Breaking Benjamin is evidently broken, at least for now.
The platinum-selling rock band from northeastern Pennsylvania is mired in a legal dispute over what its founder and lead singer, Benjamin Burnley, called an unauthorized remix of one of the band's hit songs, "Blow Me Away."

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Are you asking the question, "How can one band member fire the other band members? And who has rights to the name of the band?

Well, these are traditional and typical questions that seem to get asked only when there is trouble amongst the band members.

In this particular case, however, a quick review of the USPTO trademark database does reveal two interesting facts:

1. There is a U.S. Federal service mark registration for the name of the band, Breaking Benjamin.

and more importantly,

2. There is a recorded assignment on file at uspto.gov that shows that earlier this year that the now fired band mates assigned all of their interest in the service mark with Benjamin Burnley as the sole Assignee or current owner of the mark.

Of course, there could also be a partnership agreement that determines whether the fired bandmates have the ability to market and sell a remixed song but the ownership of the mark seems clear, unless there was a fraudulent conveyance involved with the assignment but those are circumstances that are as yet unknown to us.

So listen up all you rock 'n rollers! Who owns the rights to the name of your band? Is there a written agreement amongst the members of the band? Figure it out now before there is a problem later.

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Until next time,


William E. Maguire,
http://TrademarkEsq.blogspot.com
Web: www.TrademarkEsq.com

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COWBOYS & ALIENS®: From Comic Book to Feature Film

What began as a comic book over ten years ago is now suddenly the "IT" or certainly one of the "MUST SEE" feature films of the summer! With perhaps the BIGGEST presence at the recent 2011 San Diego Comic-Con, COWBOYS & ALIENS® is being advertised and promoted across multiple platforms and venues.

In San Diego during Comic-Con (July 21 - 24, 2011), a huge wrap advertisement and promotional display graced the skyline along the Bayfront at the recently built Hilton:


On 5th Avenue, in the Gaslamp District, which leads directly down to the Convention Center, there was even a local restaurant that was all decked out as the "Cowboys & Aliens Hotel and Saloon, and was open for business to the public for lunch and dinner:


At the Civic Center, the world premiere for the feature film was held on Saturday nite, July 23, 2011, that was attended by both the stars and the producers:


Meanwhile, inside at Comic-Con itself, Platinum Studios Comics which published the underlying comic book property was host to several of the comic books writers for autographs and the sale of related merchandise and prizes:




*** And yet all of this pomp and circumstance began with merely an idea followed by the expression of a storyline and art becoming a comic book and years of development and eventually leading to a finished feature film starring two of Hollywood's most bankable movie stars, namely, Harrison Ford and Daniel Craig.


In terms of the proprietary rights and the foundation of trademarks for COWBOYS & ALIENS®, two key trademark registrations were obtained early on by the undersigned on behalf of the property owner, as follows:

Class #16 for "Comic books, pictorial prints and cartoon prints" (Feb. 24, 1998); and
Class #25 for "Clothing, namely, caps and shirts" (Reg. Date, Sept. 22, 1998).

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Dreams do come true. There is more to it than wishful thinking, however. Ideas must be expressed. Proprietary rights must be protected. Deals must be made and contracts signed. Cowboys & Aliens, like The Men In Black are both good examples of properties that have been sheparded well from inception to feature film. Time will tell if Cowboys & Aliens will likewise reap rewards from merchandising but this property is in an excellent position to do so given its attention to protecting the proprietary rights in this title and trademark.

For more information on protecting trademarks, please see the ARTICLES posted on our website at: www.TrademarkEsq.com

Until next time.....

William Maguire
Law Offices of William E. Maguire
Los Angeles, CA
www.TrademarkEsq.com

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Who owns "LIFEGUARD" in Australia?

(Image/Photo Source: PerthNow.com; Picture/Photo by: Tim Marsden)

The volunteer lifesaver populace is raging in Australia where it seems that the national governing body of Surf Lifesaving has recently registered the trademark "LIFEGUARD" for merchandise, including apparel, which has quite a number of local surf lifesaving organizations and clubs up in arms.

Here is one headline:

Beach warfare as Surf Life Saving Australia trademarks the term 'lifeguard'

http://bit.ly/kefc0L

X-Ref: Original URL to story:

http://www.perthnow.com.au/business/caught-off-guard-by-a-name/story-e6frg2qc-1226078930385

In the U.S., there is a commercial entity out of New York that claims registered trademark rights to LIFEGUARD for apparel, etc. and that is active and aggressive in their defense of this term as a trademark as well. The undersigned has encountered this third party in the past when an L.A. based client received a cease and desist letter from said NY entity claiming rights to the mark, LIFEGUARD. In my opinion, they seem to concentrate on the small fish and are not as aggressive against big money companies that incorporate the term, LIFEGUARD, on apparel.

Stay tuned for more on this developing story from down under.

William Maguire, Esq.,
Los Angeles, Calif.
www.TrademarkEsq.com

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What's In A Name: FOREVER 21 vs. WTFOREVER 21

(Image source: Google image of the retail giant/registered trademark owner)

What's In A Name: FOREVER 21 vs. WTFOREVER 21

KNBC LA promoted its 11 pm News earlier this evening with a repeated story alert with respect to the third party retail satirical blog entitled, WTFOREVER 21 with the corresponding domain name, www.wtforever21.com

Here are the basic elements of this matter:

1. The Registered Trademark and Service mark and corresponding domain name registration

a. The Mark: FOREVER 21

Current USPTO TESS record at www.uspto.gov:

Goods and Services IC 042. US 100 101. G & S: retail store services featuring clothing and accessories, jewelry, handbags, and wallets. FIRST USE: 19890301. FIRST USE IN COMMERCE: 19951011
Mark Drawing Code (1) TYPED DRAWING
Serial Number 74646617
Filing Date March 14, 1995
Current Filing Basis 1A
Original Filing Basis 1B
Published for Opposition November 28, 1995
Registration Number 2067637
Registration Date June 3, 1997
Owner (REGISTRANT) Fashion 21, Inc. CORPORATION CALIFORNIA 750 East 14th Street Los Angeles CALIFORNIA 90021

(LAST LISTED OWNER) FOREVER 21, INC CORPORATION DELAWARE 2001 SOUTH ALAMEDA STREET LOS ANGELES CALIFORNIA 90058
Assignment Recorded ASSIGNMENT RECORDED
Attorney of Record BRUCE B BRUNDA
Type of Mark SERVICE MARK
Register PRINCIPAL
Affidavit Text SECT 15. SECT 8 (6-YR). SECTION 8(10-YR) 20070316.
Renewal 1ST RENEWAL 20070316
Live/Dead Indicator LIVE

and others registrations for apparel, cosmetics and jewelry...

b. The Domain Name and website of the Registered Owner/Retail Giant:
www.forever21.com

2. The third party user of WTFOREVER 21 and the corresponding domain name registration

a. The blog title or common law trademark use:

(Image source: www.wtforever21.com)

b. The domain name registration of the third party user:

http://wtforever21.com/

------

3. Media blog article of the third party user of WTFOREVER 21

Hilarious Blog Alert: WTForever21

Jessica Wakeman
11:00AM, 12/18/2010

http://www.thefrisky.com/post/246-hilarious-blog-alert-wtforever21/

4. Comments/Considerations: Trademark Infringement and/or Dilution

a. Trademark Infringement

Is there a likelihood of confusion between these two marks?

note: The KNBC LA news story indicated that the third party user received a letter from the Registered Owner claiming trademark infringement and disparagement of their mark and has demanded that the user stop use by June 10th...

b. Dilution.

Is the user of WTFOREVER 21 a dilution, e.g., tarnishment, of the registered mark, FOREVER 21?

What do you think?

Respectfully,

William E. Maguire, Esq.
LAW OFFICES OF WILLIAM E. MAGUIRE
Los Angeles, CA
www.TrademarkEsq.com

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"Dwellable"! What's In A Name?...

What's In A Name? "Dwellable" is certainly a catchy name. Indeed, it will likely succeed in part because it is a catchy name.

In terms of protecting this budding brand, kudos as well to its principals for hiring an attorney to file a U.S. Federal Trademark Application for the travel related services they have already begun to use. Additionally, they registered the corresponding domain name, dwellable.com, with GoDaddy.com and their beta website is up and running at this URL:

http://www.dwellable.com/

as featured in a May 31, 2011 posting on Geekwire.com (see below) in an article entitled,

"Hawaiian beach vacation from hell sparks Urbanspoon co-founder to start Dwellable"

http://www.geekwire.com/2011/hawaiian-beach-vacation-hell-sparks-urbanspoon-cofounder-start-dwellable

The current TESS record at uspto.gov indicates the following with respect to the recently filed U.S. Federal service mark application for this mark, as follows:

Word Mark DWELLABLE

Goods and Services Intl. Class #35: Advertising of vacation rentals, namely vacation homes, condominiums, cabins, apartments, villas, and ski chalets; providing an interactive website which promotes the rental of vacation properties through offering prospective renters property descriptions, price, location, maps, owner contact information and other information that would be influential to a prospective renter making a rental decision.

Standard Characters Claimed
Mark Drawing Code (4) STANDARD CHARACTER MARK

Serial Number 85317513
Filing Date May 10, 2011

Current Filing Basis 1B (note: 1B = Intent to use)
Original Filing Basis 1B

Owner (APPLICANT) A&R Technology LIMITED LIABILITY COMPANY WASHINGTON ...... Santa Cruz CALIFORNIA 95061
Attorney of Record Jessica Fajfar
Type of Mark SERVICE MARK
Register PRINCIPAL
Live/Dead Indicator LIVE

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In conclusion, have you got a catchy name for your business concept or idea? The take away lesson from the example of Dwellable is to capture early both a trademark or service mark by filing an application based on "intent to use" and register the corresponding .com domain name. Before doing this, however, searching and clearing your potential mark is recommended to avoid potential conflicts. For more about selection and clearance, check out the posted ARTICLES on our website at:

http://www.TrademarkEsq.com

Until next time.....

William E. Maguire, Esq.,
Los Angeles, CA
www.TrademarkEsq.com

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Disney Surrenders It's Trademark Applications for Seal Team 6

This past week, the heat got too hot... even for DISNEY, which is usually lock, stock and barrel loaded for litigation.

This time it was Seal Team Six (and the U.S. Navy) that threatened Disney to back off and Disney smartly did so. It seems that Disney filed several trademark applications with the U.S. Patent and Trademark Office recently to try to claim a stake in the Seal Team Six name. The U.S. Navy disagreed. On May 25, 2011, Disney Enterprises filed an Express Abandonment with the USPTO for its three trademark and service mark applications in Class #25 (apparel, footwear, headgear); Class #28 (toys and games); and Class #41 (entertainment and education services).

With their radar evading commando helicopters, Seal Team Six could have forced the point home, if necessary. Now there's an idea for a movie we would all like to see. :-)

The U.S. Navy is not finished, however, since there are a handful of other recently filed trademark applications filed by third parties for SEAL TEAM 6 for such goods as watches, wristwatches, clocks, commemorative coins, jewelry, toy action figures, etc. Class #14 seems to be the most popular class of attack as there are at least 3 separate applicants that have filed recently in this class for SEAL TEAM 6.

Curiously, these other applications that are still pending were filed in the middle of May 2011 after a certain notorious event in early May 2011 that made headlines around the world about a real life real NAVY SEAL TEAM 6 takedown of an international terrorist.

To read more about this recent trademark tiff with Disney, check out these linked stories:

1. Navy Fights Disney for 'Seal Team 6' Trademark

http://www.hollywoodreporter.com/news/navy-fights-disney-seal-team-192310

2. Walt Disney Surrenders to Navy's SEAL Team 6

http://on.wsj.com/mRGiv7

---

Respectfully submitted,

William Maguire, Esq.,
Los Angeles, CA
LAW OFFICES OF WILLIAM E. MAGUIRE
Web: http://www.TrademarkEsq.com

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Hollywood vs. Wellywood

(Image source above: Sunday, May 29, 2011; L.A. Times, Travel section, page L3)

I. Hollywood vs. Wellywood

This article first appeared online at LATimes.com on May 25, 2011, as follows:

Plan to build a Wellywood sign in New Zealand draws sharp reaction from Hollywood chamber

May 25, 2011 / By Mary Forgione / Los Angeles Times Travel & Deal blogger

http://articles.latimes.com/2011/may/25/news/la-trb-wellywood-hollywood-20110525

A computer-designed photo, below, shows what a Hollywood-type sign would look… (EPA / Wellington Airport)

(Image source: L.A. Times)


II. Wikipedia reference to "Wellywood":

http://en.wikipedia.org/wiki/Wellywood

Per wikipedia, "Wellywood is an informal name for the city of Wellington, New Zealand. The name - a conflation of Wellington and Hollywood - is a reference to the film production business established in the city by The Lord of the Rings film director Sir Peter Jackson, and Wellington-based special effects companies Weta Workshop and Weta Digital. The businesses operate a number of film-related facilities in the Wellington suburb of Miramar.

In March 2010, the Wellington Airport company announced plans to erect a Hollywood-style sign Wellywood on a hillside next to the Miramar cutting.[1] The plans were controversial, and the airport considered a range of alternatives.[2][3][4][5] However in May 2011 it was announced that the Wellywood sign would be going ahead.[6] This was met with considerable local opposition. [7]"

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III. Commentary

Who thinks that the Hollywood Chamber of Commerce (HCC) has a leg to stand on with respect to their objection to the use of Wellywood in New Zealand?

What would the claim(s) be? Trademark infringement? If so, is there a likelihood of confusion. However, even before you get to that issue, there is the jurisdictional issue. What rights does the HCC have in New Zealand to prevent the construction of the Wellywood sign? The Hollywood sign is certainly a famous trademark known worldwide. What additional remedies are available internationally for famous trademarks? In the U.S., the Federal Dilution Revision Act of 2006 protects famous marks and the Hollywood sign is certainly such a mark.

x-ref: Wikipedia summary of dilution in the U.S. is available at this link:

http://en.wikipedia.org/wiki/Trademark_dilution

As an aside, perhaps the Producers of the film, "National Lampoon's Vacation" might be concerned with the likelihood of confusion between their fictional amusement park, Walley World, in view of the forthcoming Wallywood sign...

Stay tuned...

William Maguire
LAW OFFICES OF WILLIAM E. MAGUIRE
Los Angeles, CA
Web: http://www.TrademarkEsq.com

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No Way!... Elway

Did you see the article online recently about Famous (and Former NFL) Quarterback, John Elway, objecting to a Denver, CO based punk rock band calling itself ELWAY?


(Image source, above, www.ThePostGame.com)


(Image source, above, www.myspace.com/elway)

Likelihood of Confusion? Probably not.

Dilution. Now there's a thought...

note: John Elway is likely a name with fame and may be able to use the Federal Dilution Act to his advantage. Additionally, he has several U.S. Federal trademark and service mark registrations.

To read more, check out the following linked articles:

1. http://www.thepostgame.com/lifestyle/201105/john-elway-sounds-sour-note-about-band-same-name

and

2. http://profootballtalk.nbcsports.com/2011/05/27/punk-band-elway-says-its-being-squeezed-by-its-namesake/related/

What do you think? Please COMMENT below if you like. Thanks!

Additional links of interest:

http://www.myspace.com/elway

http://www.Facebook/ElwayTheBand

http://www.Twitter/ElwayBand

Will Maguire, Esq.,
Los Angeles, CA
Blog: http://www.TrademarkEsq.blogspot.com
Web: http://www.TrademarkEsq.com

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Kogi BBQ vs. Bull Kogi: I'm Confused!

(Image source: uspto.gov; Kogi trademark registration)

I'm confused! Are you?

Kogi BBQ has been around in Los Angeles for several years now as one of the phenom food trucks that cater to foodies in Southern California. The graphics, logo, color scheme (black, yellow, red) is very conspicuous. See the photo, above, for example, of the Kogi BBQ logo (from their U.S. Federal trademark registration), as well as three photos below of one of the Kogi BBQ trucks on location in early May 2011 in W.L.A., taken by the undersigned admitted fan of Kogi BBQ.






And then this morning as I was hopping about Twitter, I noticed a Bull Kogi twitter page which featured a food truck with the name Bull Kogi in upper and lower case lettering and featuring a color scheme of black, yellow and red.

(Image source: Bull Kogi twitter page)


(Image source: Yelp.com, Bull Kogi page)

Coincidence? What do you think?

We will be updating this blog post with further remarks, so please stay tuned.

*** Update #!; the w.l.a. Kogi BBQ truck set up as usual this afternoon on w. olympic & butler and had a steady stream of customers even as late as 2 pm. The "Voice of America" had a camerawomen even interviewing customers... including the undersigned who raved of Kogi BBQ's chicken tacos, sliders and quesadillas, esp. the sauces and spices... gonna have to look out for that interview when it breaks thru on public television..... Here are some additional photos from this afternoon's Kogi truck venue and set up in w.l.a.








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Until next time.....

Will Maguire
LAW OFFICES OF WILLIAM E. MAGUIRE
Los Angeles, CA
www.TrademarkEsq.com

Big Time 9th Circuit En Banc Ruling in Copyright Case!

The Daily Appellate Report from Thursday, May 5, 2011, included a new decision by the 9th Circuit Court of Appeals, as follows:

Montz v. Pilgrim Films & Television Inc., US Court of Appeals - Ninth Circuit, No. 08 56954, May 4, 2011 (hereinafter, Montz).

In Montz, the en banc panel ruled that Copyright law does not preempt an implied-in-fact contract claim where the plaintiff alleged a bilateral expectation that he would be compensated for use of his idea.

Screenwriters can sigh a breath of relief that the 9th Circuit recognizes and endorses that California case law recognizes such contracts. Indeed, the 9th Circuit in this opinion stated, "The California Courts of Appeal have uniformly concluded that Desny claims are not preempted because they flow from agreements and understandings different from the monopoly protection of copyright law."

The Desny opinion refers to the first case in California where in the California Supreme Court "recognized that a writer and producer form an implied contract under circumstances where both understand that the writer is disclosing his idea on the condition that he will be compensated if it is used." Desny v. Wilder, 299 P.2d 257 (Cal. 1956). The 9th Circuit also recognized that the Desny claim has "remained viable under California law for over fifty years."

The court in Muntz also stated, "Plaintiffs' complaint specifically alleged that defendants breached an implied-in-fact contract. The complaint described the terms of the agreement: Plaintiffs communicated their ideas and creative concepts for the "Ghost Hunters" Concept to the Defendants, pursuant to the standard custom and practice in the industry with respect to the exchange of creative ideas, under the following terms:

a. that Plaintiffs' disclosure of their ideas and concepts was strictly confidential;

b. that the Defendants would not disclose, divulge or exploit the Plaintiffs' ideas and concepts without compensation and without obtaining the Plaintiffs' consent; and

c. that, by accepting the Plaintiffs' disclosure of its concept, the Defendants accepted and agreed to abide by the foregoing terms.

In terms of preemption, the court stated that "To survive preemption, a state cause of action must assert rights that are qualitatively different from the rights protected by copyright." Because Copyright Law does not protect "ideas", an implied-in-fact contract that protects the communication of an idea is qualitatively different from the rights protected by Copyright. A person's rights to his ideas are thus beyond those protected by the Copyright Act.

Good News for writers. Not so good news for idea thieves.

*** *** ***

Respectfully submitted,

William E. Maguire, Esq.
Los Angeles, California
www.TrademarkEsq.com

*** *** *** *** ***

Beware of the so-called "Worldwide Database of Trademarks and Patents"

Recently, I received an invoice in the mail from the Czech Republic (see below) that states that it is for the "Registration of the International Trademark". Even more remarkably, the invoice is in the amount of (U.S.) $2,392.46.



And just how was I so lucky as to receive this invoice from a private trademark database which is creating the impression of being an Official International Trademark Registrar? In this particular case, my business address is the correspondence address for one of my client's U.S. trademark registrations. This particular client does not have anything other than a U.S. trademark registration for this specific trademark which is referenced in this solicitation.

You have to wonder if this Czech Republic company gets even a one percent return on these ridiculous invoices and solicitations from unsuspecting U.S. trademark registrants. Again, the only reason I got this one was because my office address is listed as the U.S. Registrant's correspondence address. Two Thousand Three Hundred Ninety-Two Dollars and Forty-Six Cents. The forty-six cents is probably to cover the bulk postage, eh?!...

This is neither the first or the last suspect solicitation to target trademark owners. The audacity of the dollar amount is especially brazen, however.

Our obvious suggestion is to carefully scrutinize any invoices with respect to trademark renewals or registrations, and if you are represented by counsel be sure to ask them about it. I have spoken to numerous clients over the years when they receive invoices such as these with one client exclaiming, "How can they do something like that?!" All I could say is, "Yes, there are people who lie, cheat and steal." It's an unfortunate fact of life.

On the bright side, a U.S. trademark registration certificate is worth the paper it is printed on and does provide the registrant with real world advantages. For more information on the advantages of a U.S. trademark registration, please have a look at our website and its articles at: http://www.TrademarkEsq.com

Be careful out there.

Respectfully,

William E. Maguire, Esq.
LAW OFFICES OF WILLIAM E. MAGUIRE
Los Angeles, California

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Twitter loses effort to trademark "Tweet!"

Register your trademarks early! RT@benmaller Ben Maller Twitter fails to trademark “Tweet” DETAILS: http://bit.ly/eZsiuT

Cross-reference; N.Y. Daily News:

"Twitter gets shut out once more, U.S. trademark office won't grant Jack Dorsey trademark for 'tweet'.

Gatecrasher

Sunday, March 20th 2011, 4:00 AM

http://nydn.us/gPt5Lb



Check out our article on the selection, clearance and registration of trademarks at:

http://www.TrademarkEsq.com/pages/article9.html

Kind regards,

William E. Maguire, Esq.,
Los Angeles, Calif.
http://www.TrademarkEsq.com

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

http://linkd.in/fpgja9

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 uspto.gov. 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:

http://tess2.uspto.gov/bin/gate.exe?f=searchss&state=4005:pv1052.1.1

(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
http://TrademarkEsq.blogspot.com
Los Angeles, Calif.

www.TrademarkEsq.com

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