*The information for this blog can be found here.
If your mark includes a name, portrait, or signature that is of a living individual and you want to register the mark at the USPTO, you must provide the USPTO certain information regarding that individual.
The USPTO requires:
- A statement that the name, portrait, or signature identifies a living individual, and
- Written consent signed by the individual
Why? The USPTO wants a written consent to protect the individual’s rights of privacy and publicity.
When is consent needed for using the name, portrait, or signature of a living individual? When you use the:
- Full name of an individual;
- First name only;
- Nickname;
- Stage title;
- Title;
- Pseudonym; or
- Surname.
Usually whenever the individual is well-know or famous or has public recognition under the name you are trying to trademark.
The USPTO provides some examples of names that could or do identify a particular living individual and for which a signed consent is required:
- Full name: J.K. Rowling
- Pseudonym (Robert Galbraith, the pseudonym for J.K. Rowling)
- Stage Name (Cher)
- Title (Prince Charles)
- Nickname (THE BOSS for Bruce Springsteen)
- Signature of a name (Bob Smith)
- Portrait or likeness of an image (portrait of President Obama)
If the name, portrait, or signature identifies a particular living individual, you must provide both:
-
Choose one statement:
“The name shown in the mark identifies a living individual whose consent to register is made of record.”
“The signature shown in the mark identifies a living individual whose consent to register is made of record.”
“The portrait or likeness shown in the mark identifies a living individual whose consent to register is made of record.”
-
A written consent from the named/shown individual, personally signed by the individual, with the following language included:
“I consent to the use and registration of my name as a trademark and/or service mark with the USPTO.”
“I consent to the use and registration of my signature as a trademark and/or service mark with the USPTO.”
“I consent to the use and registration of my portrait or likeness as a trademark and/or service mark with the USPTO.”
If the name, portrait, or signature does NOT identify or depict a living individual, provide the following statement:
“The name, signature, or portrait shown in the mark does not identify a particular living individual.”
CONTACT US!
For more information regarding trademarks or really anything law/beer related, call us at: 919-335-5291 or email john@beerlawcenter.com