Section 2(c), in pertinent part, bars registration of a mark that “[c]onsists of or comprises a name, portrait, or signature identifying a particular living individual except by his [sic] written consent ….” This provision applies not only to full names but also to shortened names and nicknames, as long as the name identifies a particular living individual.
A consent is required only if the individual bearing the name in the mark will be associated with the mark as used on the goods or services, either because: (1) the person is so well known that the public would reasonably assume a connection between the person and the goods or services; or (2) the individual is publicly connected with the business in which the mark is used.
Precedential No. 10: TTAB Dismisses Rare Section 2(c) Opposition Due to Death of Named Individual
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TTABlog comment: If someone tried to register the mark TTABlog PAJAMAS, I would certainly oppose under Section 2(c).
Text Copyright John L. Welch 2019.