“Got Ya Moment” – USPTO Rejcts Palin Trademark

Posted: February 8, 2011 by Jared Kalmanson in IP Law

With each successful Facebook message, book tour, reality TV show, and guest spot on Fox News, the brand of Sarah Palin continues to grow.  Recently, the former Vice Presidential nominee and Alaskan Governor filed papers with the USPTO to register her name as a trademark.

Generally, celebrities or other famous individuals may attempt to register their names, so that others do not profit from their brand.  However, typically it is hard for an individual to prove that their name warrants adequate trademark protection. Palin’s application, which was filed in November seeks to get a trademark for Palin’s “educational and entertainment services … providing motivational speaking services in the field of politics, culture, business and values.”

One small problem however quickly emerged in the application:  Palin forgot to sign the registration!  The official statement from the USPTO read as follows: “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.”

Of course, this is no more than a procedural hurdle, as Palin will undoubtedly re-file the application.  I for one, surely hope that the USPTO is aware that politicians are monitoring Palin’s trademark success for “motivational services” quite closely.  If she is granted such a mark, there will be no stopping every political figure in local, state, and national political office alike to quickly follow suit and attempt to register their names for trademark protection as well.

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