Posted on 02/04/2011 3:23:57 PM PST by GQuagmire
ANCHORAGE, Alaska — Sarah Palin is trying to trademark her name.
The former Alaska governor and 2008 Republican vice presidential candidate filed paperwork with the U.S. Patent and Trademark Office in November to register the trademark.
The federal office is seeking more information and examples of usage. Palin’s attorney said Friday that they have until late spring to provide that information.
(Excerpt) Read more at bostonherald.com ...
Sarah Palin a trademark...wow! Smarter cookie than I thought.
Celebrities often trademark their names. Politicians seldom do so.
I don’t blame her. (A romance novelist has my name, oddly enough.)
Thank you for your request. Here are the latest results from the TARR web server.
This page was generated by the TARR system on 2011-02-04 18:26:58 ET
Serial Number: 85170226 Assignment Information Trademark Document Retrieval
Registration Number: (NOT AVAILABLE)
Mark
(words only): SARAH PALIN
Standard Character claim: Yes
Current Status: A non-final Office action has been sent (issued) to the applicant. This is a letter from the examining attorney requiring additional information and/or making an initial refusal. The applicant must respond to this Office action. To view all documents in this file, click on the Trademark Document Retrieval link at the top of this page.
Date of Status: 2010-11-29
Filing Date: 2010-11-05
Filed as TEAS Plus Application: Yes
Currently TEAS Plus Application: No
Transformed into a National Application: No
Registration Date: (DATE NOT AVAILABLE)
Register: Principal
Law Office Assigned: LAW OFFICE 105
Attorney Assigned:
BUSH KAREN K
Current Location: L5X -TMEG Law Office 105 - Examining Attorney Assigned
Date In Location: 2010-11-29
LAST APPLICANT(S)/OWNER(S) OF RECORD
1. Palin, Sarah L.
Address:
Palin, Sarah L.
711 H Street, Suite 620
Anchorage, AK 99501
United States
Legal Entity Type: Individual
Country of Citizenship: United States
Phone Number: (907) 272-9272
Fax Number: (907) 272-9586
GOODS AND/OR SERVICES
International Class: 035
Class Status: Partially Paid
Information about political elections; Providing a website featuring information about political issues
Basis: 1(a)
First Use Date: 1996-01-01
First Use in Commerce Date: 1996-01-01
International Class: 041
Class Status: Partially Paid
Educational and entertainment services, namely, providing motivational speaking services in the field of politics, culture, business and values
Basis: 1(a)
First Use Date: 1996-01-01
First Use in Commerce Date: 1996-01-01
ADDITIONAL INFORMATION
(NOT AVAILABLE)
MADRID PROTOCOL INFORMATION
(NOT AVAILABLE)
PROSECUTION HISTORY NOTE: To view any document referenced below, click on the link to “Trademark Document Retrieval” shown near the top of this page.
2010-11-29 - Notification Of Non-Final Action E-Mailed
2010-11-29 - Non-final action e-mailed
2010-11-29 - Non-Final Action Written
2010-11-29 - Removed From TEAS Plus
2010-11-18 - Assigned To Examiner
2010-11-18 - Assigned To Examiner
2010-11-18 - Assigned To Examiner
2010-11-09 - New Application Office Supplied Data Entered In Tram
2010-11-09 - New Application Entered In Tram
ATTORNEY/CORRESPONDENT INFORMATION
Attorney of Record
Thomas Van Flein
Correspondent
THOMAS VAN FLEIN
CLAPP PETERSON VAN FLEIN TIEMESSEN & THO
711 H ST STE 620
ANCHORAGE, AK 99501-3454
Phone Number: (907) 272-9272
Fax Number: (907) 272-9586
Not all politicians are attacked like her and her family....she is being proactive.
Sarah is NOT your ordinary politician. Totally different ballgame being played here.
She thinks ahead, unlike most politicians.
“Not all politicians are attacked like her and her family....she is being proactive.”
This is exactly right.
Now pissant won’t be able to release his porno Palin dolls or whatever the PDS perverts come up with.
Tacky. Somehow Ronald Reagan survived without trademarking his name.
Probably depends on how they’re using it. So far, the only Sarah Palin I’ve seen trying to be desroyed, politically and personally, is Sarah Palin from AK.
I’m sure if there’s another Sarah Palin out there being written and spoke of, Sarah would not make any deal of it.
...maybe trademark “Tina Fey” to protect the quality of the image....
It wouldn’t unless they were trying to market a product using that name.
too bad they did not remove the phone and fax...they will be changed,,,unnecessary intrusion on privacy?
Her lawyer submitted a foxnews.com article about her as evidence of her trademark use. Not legally valid.
Amazingly, the first rejection came 24 days after submission. This rocketed to the top of someone’s inbox.
Normally, it’s many months, perhaps a year.
The rejection is minor, except for the need to show web services with “Sarah Palin(TM)” as the brand, not simply a story about her. (Her attorney is an idiot.)
She also needs to file a written consent personally approving of her name becoming a trademark.
Here is the rejection:
SEARCH
The trademark examining attorney has searched the Office’s database of registered and pending marks and has found no conflicting marks that would bar registration under Trademark Act Section 2(d). TMEP §704.02; see 15 U.S.C. §1052(d).
CONSENT
Registration is refused because the applied-for mark, SARAH PALIN, consists of a name identifying a particular living individual whose consent to register the mark is not of record. Trademark Act Section 2(c), 15 U.S.C. §1052(c); see Ross v. Analytical Tech. Inc., 51 USPQ2d 1269 (TTAB 1999) (holding registration of opposer’s surname without consent was prohibited by Trademark Act Section 2(c)); In re McKee Baking Co., 218 USPQ 287 (TTAB 1983) (holding mark comprising a sign on which the portrait of a young girl appears below the words LITTLE DEBBIE registrable upon furnishing of consent); In re Steak & Ale Rest. of Am., Inc., 185 USPQ 447 (TTAB 1975) (holding the wording PRINCE CHARLES unregistrable under Section 2(c) because it identified a particular living individual whose consent was not of record); TMEP §1206.
The examining attorney notes the applicant is Sarah Palin, the name specified as the mark. However Ms. Palin did not personally sign the application. As stated in TMEP section 106.04(b):
Application Must be Personally Signed. Consent may be presumed only where the individual whose name or likeness appears in the mark personally signs the application. If the application is signed by an authorized signatory, consent to register the name or likeness must be obtained from the individual. This is true even where the name or likeness that appears in the mark is that of the individual applicant.
Please note this refusal will be withdrawn if applicant provides written consent from the individual identified in the applied-for mark. See TMEP §1206. This written consent must include a statement of the party’s consent to applicant’s registration of the identifying matter as a trademark, and not just the party’s consent to permit applicant to use the mark. See Reed v. Bakers Eng’g & Equip. Co., 100 USPQ 196, 199 (PTO 1954); TMEP §1206.04(a).
ADDITIONAL FEE
Applicant must submit an additional application processing fee of $50 per class because the application as filed does not meet the TEAS Plus application requirements in 37 C.F.R. §2.22(a). 37 C.F.R. §§2.6(a)(iv) and 2.22(b). The following application requirement(s) were not met: No. 18; If the mark includes an individual’s name or portrait, either (i) a statement that identifies the living individual whose name or likeness the mark comprises and written consent of the individual, or (ii) a statement that the name or portrait does not identify a living individual. Please see the requirement(s) and/or refusal(s) above for more information.
SPECIMEN
The class 35 specimens are not acceptable because they do not show use of the applied-for mark in connection with any of the services specified in the application. An application based on Trademark Act Section 1(a) must include a specimen showing the applied-for mark in use in commerce for each class of goods and/or services. Trademark Act Sections 1 and 45, 15 U.S.C. §§1051, 1127; 37 C.F.R. §§2.34(a)(1)(iv), 2.56(a); TMEP §§904, 904.07(a).
In this case, the specimen submitted for the “Information about political elections” is a news story on the Fox® Network about Ms. Palin. The specimens submitted for the “Providing a website featuring information about political issues” are postings on Facebook®. The specimen does not show use of the mark as “providing a website featuring…”. Rather the proposed mark merely appears as a posting name.
None of these specimens show use of the mark SARAH PALIN in relation to the services specified of “Information about political elections” and “Providing a website featuring information about political issues”. Therefore, applicant must submit the following:
(1) A substitute specimen for the class 35 services showing the mark in use in commerce for each class of goods and/or services specified in the application; and
(2) The following statement, verified with an affidavit or signed declaration under 37 C.F.R. §2.20: “The substitute specimen was in use in commerce at least as early as the filing date of the application.” 37 C.F.R. §2.59(a); TMEP §904.05; see 37 C.F.R. §2.193(e)(1). If submitting a substitute specimen requires an amendment to the dates of use, applicant must also verify the amended dates. 37 C.F.R. §2.71(c); TMEP §904.05.
Examples of specimens for services are signs, photographs, brochures, website printouts or advertisements that show the mark used in the actual sale or advertising of the services. See TMEP §§1301.04 et seq.
If applicant cannot satisfy the above requirements, applicant may amend the application from a use in commerce basis under Section 1(a) to an intent to use basis under Section 1(b), for which no specimen is required. See TMEP §806.03(c). However, if applicant amends the basis to Section 1(b), registration will not be granted until applicant later amends the application back to use in commerce by filing an acceptable allegation of use with a proper specimen. See 15 U.S.C. §1051(c), (d); 37 C.F.R. §§2.76, 2.88; TMEP §1103.
To amend to Section 1(b), applicant must submit the following statement, verified with an affidavit or signed declaration under 37 C.F.R. §2.20: “Applicant has had a bona fide intention to use the mark in commerce on or in connection with the goods and/or services listed in the application as of the filing date of the application.” 37 C.F.R. §2.34(a)(2); TMEP §806.01(b); see 15 U.S.C. §1051(b); 37 C.F.R. §§2.35(b)(1), 2.193(e)(1).
Pending receipt of a proper response, registration is refused because the class 35 specimen does not show the applied-for mark in use in commerce as a service mark for the identified services. Trademark Act Sections 1 and 45, 15 U.S.C. §§1051, 1127; 37 C.F.R. §§2.34(a)(1)(iv), 2.56(a); TMEP §§904, 904.07(a). Please note the specimens submitted for the class 41 services are acceptable.
It’s a new age, even if only for the last 20 years.
Not tacky at all. It is a totally different ballgame being played now. We either fight to retain and bring back our country to it's original intent with everything we've got, or let it all go to hell.
Best of luck to her, the libs will have to pay for rights to publish her name to slander her and Bristol
LOL!
“Tacky. Somehow Ronald Reagan survived without trademarking his name.”
True. But that was a different time and different culture. Our landscape has been so coarsened that this is really a move of self-protection as much as assurance of future business flexibility.
Why Bristol?
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