“Barack,” “Obama,” and the Trademark Office

By Mark Reichel. Mark Reichel is a patent attorney at the Ice Miller firm and writes the "daily dose of IP."

After such an exciting election, I thought I'd have some fun with a blog post and highlight a few attempts to register trademarks pertaining to our President-elect that, for reasons shown below, were unsuccessful: "BARACK STAR" – U.S. Trademark Application Serial No. 78/471,745 in IC 016 and 025 – This application was abandoned after the USPTO refused registration for false association because "the proposed mark consists of or comprises matter which may falsely suggest a connection with U.S. Senator Barack Obama" and "[a]lthough not connected with the goods or services applicant provides under the proposed mark, the name BARACK is so famous that consumers would presume a connection with Senator Obama." "DO YOU SMELL WHAT BARACK IS COOKING" - U.S. Trademark Application Serial No. 77/406,936 in IC 025 – This application was abandoned after the USPTO refused registration "under Section 2(c) of the Trademark Act, for the record does not include the written consent of Barack Obama, the name of the living individual identified in the proposed mark." "PET BARACK" - U.S. Trademark Application Serial No. 77/408,020 in IC 020 – This application was abandoned after the USPTO refused registration using the same lack of consent argument as described above. "OBAMA -- O BABY!" - U.S. Trademark Application Serial No. 78/745,546 in IC 026 – This application was abandoned after the USPTO refused registration using a false connection argument similar to the false association argument described above. "OBAMA SO PHAT" - U.S. Trademark Application Serial No. 77/135,294 in IC 040 – This application was abandoned after the USPTO refused registration using the same lack of consent argument as described above. "OBAMA NOT YOUR MAMA FOR PRESIDENT IN 2008" - U.S. Trademark Application Serial No. 77/037,088 in IC 040 – This application was abandoned after the USPTO refused registration for false association and lack of consent as described above. In addition to the foregoing, I note one additional trademark application (77/086,418) that I will not describe here due to its sensitive and offensive nature, and of which I am personally pleased to see rejected for a multitude of reasons.

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Following Mark's lead, I also found this mark for Gov. Palin [also offensive] and a host "joe the plumbers" including several actual plumbers.

Comments

[Steve M]

Time for a new term ala' domain cybersquating:

Trademark Squating.

[somebody]

The trademark examining attorney assigned the Palin application is named Bush. How ironic.

[6000]

Hot off the presses a few months ago, Fed Circ Judge wants to rethink patent law:

http://www.researchoninnovation.org/WordPress/?p=103

http://www.researchoninnovation.org/WordPress/?p=104

Thank god at least one of them is on the right track. And he made the speech not too long ago, perhaps right around the time of Bilski going in?

[Dan]

What's the point of reposting an existing post?

[GP]

Barack = McCain = Bush.

Illusion of choice is critical to maintaining a democracy of idi0t consumers.

Within 8 months you can expect Obama to start lying his way out of withdrawing from Iraq. Would be irresponsible. Would lead to chaos. We just need more time.

Middle East = 1/2 of remaining world's oil.
Oil = Critical Energy Source.
Critical Energy Source = GDP.

Ergo, leave middle East, political power transfers to ME and U.S. GDP goes down even faster than it already is.

The only "change" we're going to see is the continued negative acceleration that we've been looking at since the housing bubble popped. In other words, the same change.

Sure, throw in some gay marriage rights, a boost in minimum wage, and some piddling funding for fake alternatives to oil to keep the illusion of truth alive.

If Obama withdraws all troops from Iraq then I, Gideon Pope, will resign as a patent attorney.

[I can laugh about it]

"Obama Bin Laden" is of a "sensitive and offensive nature"? Earth to the Dems: your guy won. Lighten up.

[hahahahaha]

"DO YOU SMELL WHAT BARACK IS COOKING"

I particularly like this one. Can you imagine Obama posing on the top rope shirtless, arching his eyebrow, and pointing the way the Rock did whenever he used his similarly-worded line?

[anon]

Dan, what's the point of your comment? This is free. No need to be rude.

[kn]

Note that a trademark "Obama" has been successfully registered with the Benelux trademark office since May 2008:

http://register.boip.int/

[trademark]

Another good one: IT'S AN OBAMANATION! (Serial No. 77091557)