Skip to main content
Looking at the Democratic Candidates Through a Trademark Lens

I, like many others, watched The CNN YouTube Debates last night & I thought it'd be interesting to see what kind of registered/pending trademarks are out there using the names of the Democratic candidates.

Let's start with the two candidates that we seem to hear about the most.

Barack Obama:

These are, from what I can tell, NOT affiliated with Obama or his campaign.

I Back Barack, Serial Number 77035991 & applied for by James R McDonald.

Mr McDonald was sent a refusal citing "Registration is refused because the proposed mark consists of or comprises matter which may falsely suggest a connection with U.S. Senator Barack Obama. Although not connected with the services applicant intends to provide under the proposed mark, the name BARACK is so famous that consumers would presume a connection with Senator Obama."

No Drama with Obama, Serial Number 77153329 & applied for by Sylvia Quarles

On May 10th of this year, Quarles received "The examining attorney refuses registration because the mark consists of or comprises matter which may falsely suggest a connection with the individual Barack Obama."

Seeing a trend here?

Hillary Clinton

These mark is, from what I can tell, NOT affiliated with Clinton or her campaign.

Statue of Hillary, Serial Number 76163132 & applied for by DareCloud Development Inc. This mark was filed for the sale of "figurine statues of the Statue of Liberty with the likeness of Hillary Clinton."

This application is abandoned & while the materials are not available online since the mark is so old, I have a pretty good guess as to why this mark never made it to registration.

Interestingly enough, I also came across a trademark filing that Clinton filed for the Heifer Project International for Good Neighbor to the World when she was a partner at the Rose Law Firm.

Read more about the other types of refusals the USPTO can hand down.

Comments

Popular posts from this blog

Trademark International Class: Class 35 (Advertising and Business Services)
All goods or services are categorized within International Classes (IC hereafter). Goods run from classes IC 1-34, while Services are in IC 35-45. Please see a complete chart here. Let's take a closer look at one of these trademark classes – class 35.

What is International Class 35 All About?

Each class has a short title heading that gives a snapshot of what that class is all about -- IC 35's short title is advertising and business services. Pretty vague, eh? The USPTO has 1476 accepted descriptions that fit into IC 35; check them out here.

The first part of IC 35’s description, advertising, is straightforward. If it’s advertising, marketing or promoting services that are being offered, then IC 35 is where it goes. Now there are going to be some exceptions, as with anything related to trademarks.
Tangible advertising goods, such as signs, flyers, brochures, are NOT going to be in IC 35 as those items are n…

Trademark 101: State Trademark or Federal Trademark?

Now that you know what a trademark is, what a trademark isn’t, and that you should get a trademark, let’s explore if a State trademark or Federal trademark is most appropriate for your needs.
For the USA, trademarks can be obtained either at the State level or the Federal level. So, which do you need? I’ll explain both and that’ll give you a clearer picture as where to go from here.
First and foremost, a State trademark gives you trademark protection for that specific state whereas a Federal trademark gives you trademark protection nationwide. Simple enough, yes? But, which is the right trademark for your needs?
1)Are you actively in business? 2)Are you only doing business in one city or county or just statewide?
If you answered yes to both, then exploring a State trademark is your next step. Here are some advantages to a State trademark:
·The right to expand statewide. The name will be waiting for you in other metros. ·If another mark is infringing upon yours within the state, you’ll have a…

Trademark 101: Should You Trademark?

Now that we know what a trademark is and is not, let’s dive into the next logical question: should you trademark?
The easiest way to answer this question is to look at your business and your plans for it.
-Is the name, logo, or slogan an integral part of your business? -Are you doing business on a statewide or nationwide or international level? If you’re only doing business citywide or countywide, do you see potential for geographical growth? -Would another business in your industry using the same or similar name hurt your business? In other words, is it possible you’d lose customers if someone had the same or similar name in your industry?
If you answered yes to any of the above then exploring a trademark is the way to go.
Here’s what a US Federal trademark gives you:
·A legal presumption of your ownership of the mark and your exclusive right to use the mark nationwide on or in connection with the goods/services listed in the registration (whereas a state registration only provides rights…