Election Trademarks 2012

As discussed before any time there's an event that stirs the nation trademark applications follow. Nowhere is this more obvious than during an election season.

Not surprisingly, most of the presidential-themed filings revolve around Obama. And even less surprisingly, the USPTO is refusing registration. It is assumed that most of these applicants are in no way affiliated with the famous men mentioned so they will all likely receive the following message:

"The examining attorney refuses registration because the mark consists of or comprises matter which may falsely suggest a connection with the individual..." 

Let's take a look at a few...

On January 21, The Gervasio Group filed for It's Rmoney! Vote Romney! for 4 different classes. Since the applicant filed a TEAS PLUS form that means this filing cost $1100. Eesh, ouch. I'm not finding much about this company other than their Nevada filing so who knows? Maybe they are affiliated with Romney but I'm placing my bets on that they'll be getting an Office Action refusal.

A few days later, Daniel Sladek filed for No Newt is Good Newt for 2 different classes. First, I'm loving the connection to Gary Gnu that's implied in this mark. Second, I'm afraid Mr. Sladek is also going to receive a "false connection" refusal.

Two applicants (out of many!) that are familiar with that dreaded response from the USPTO are You Can Say What You Want About Obama, But He Got Osama and Ron Paul Speaks the Truth.

So I think the overall lesson here is that if you are not somehow DIRECTLY affiliated (i.e. you have permission) with a famous person, please think twice (and thrice and again) before filing for a trademark.

McCain Winning '08 Presidential Trademark Race

The presidential race is heating up and with any flurry of political activity comes an influx of trademarks hoping to capitalize on the nation's interest.

John McCain 2008 - The Exploratory Committee currently has two Federal trademarks, one registered & one pending, for "McCain Space" and "McCain." These applications were filed in January 2007 for, among other things, "promoting the public awareness of a candidate for election." A month later, Senator McCain announced on Late Show with David Letterman that he was seeking the nomination. It appears the trademarks were a harbinger of things to come.

Senator Clinton has been in the news recently about her use of "Solutions for America," which is a trademarked phrase owned by the University of Richmond. According to an article by Scott Jacshik of Inside Higher Ed, the university has "refused to answer any question about why the institution’s trademarked slogan was being used by the Clinton campaign and whether she had permission to do so."

Obama for America does have a pending Federal trademark for the logo associated with Senator Obama's campaign. The 9 different classes include such varied goods/services as golf balls, clothing, lapel pins, water bottles, fundraising, etc.

There are a number of sadly rejected trademark applications using some variation of a candidate's name. The refusals from the USPTO were "because the mark consists of or comprises matter which may falsely suggest a connection with the individual [candidate's name]."

Some examples of dead trademarks include "No Drama with Obama," "Hillary Clinton is Politically Incorrect" and "Bearack Obama."

Easily the most interesting, albeit confusing, is the filing for 08AMA for items like posters, campaign buttons, shirts, etc. What's puzzling is that the applicant does not seem to be affiliated with the Senator Obama campaign but rather is owned by FTK, a clothing store in Fresno, CA. The USPTO did question the applicant about the letters AMA, in particular if there was any significance as it pertained to the industry and/or goods listed on the application. The applicant responded that no significance existed, which the USPTO accepted. 08AMA is poised to become a Federally registered trademark.