When applying for a trade mark, it really should be your main focus to ensure that the application you make has a good chance of successful registration.
At Lawdit Solicitors, with your best interests at the forefront, it is our job to ensure that the mark you are looking to protect is suitable as a trade mark and has the potential to be accepted by the UK Intellectual Property Office.
While trade mark application withdrawals happen, the latest prominent withdrawal in the US happened a little quicker than most.
Attracting attention for his business savvy actions, Gene Simmons of the band Kiss, recently made an application for a US trade mark. The subject of the mark was to be his recognised signature hand gesture, known as the ‘devil horns’.
Within the application, Simmons stated he had used the mark in commerce since 1974 and was the first to use it before this date.
When the IP world learnt of the claims made in the application, there was a bit of backlash to say the least.
Multiple pieces of evidence were put forward to suggest that in fact the hand gesture had been around and used in commerce on multiple occasions before Mr Simmons came along.
The most significant findings were the existence of the hand gesture to mean ‘I love you’ in a number of sign languages, and a Beatles album cover in which John Lennon was doing the hand gesture, released in 1966.
It seems that Mr Simmons was made aware of the evidence uncovered and listened as less than three weeks from the application filing, Gene Simmons withdrew his application for the US trade mark.
Lawdit would like to assure their clients or anyone who is looking to register a mark, any application submitted through Lawdit Solicitors will have a higher level of potential for registration, we don’t make a habit of withdrawing within two weeks.
For more information on anything IP, contact the Lawdit Solicitors team.