WWE recently submitted trademarks for a bunch of their talent to own the rights to their names. Talents such as Drew Gulak, Pete Dunne, Tony Nese and Justus. The company has failed in this attempt due to the lack of agreement by the stars themselves. There was no written agreement from any of the talent which halted proceedings.
WWE has six months in order to submit a new request or they will have to start proceedings all over again. The response stated,
Applicant must clarify whether the name [TRADEMARK NAME] in the mark identifies a particular living individual. See 37 C.F.R. §2.61(b); TMEP §§813, 1206.03. In this case, the application neither specifies whether the name in the mark identifies a particular living individual nor includes a written consent. See TMEP §§813.01(a)-(b), 1206.04(a), 1206.05.
To register a mark that consists of or comprises the name of a particular living individual, including a first name, pseudonym, stage name, or nickname, an applicant must provide a written consent personally signed by the named individual. 15 U.S.C. §1052(c); TMEP §§813, 1206.04(a).
Accordingly, if the name in the mark does not identify a particular living individual, applicant must submit a statement to that effect (e.g., “The name shown in the mark does not identify a particular living individual.”).
You can view the full document by clicking here.
In other trademark news, the WWE has filed to trademark Mark Andrews, Oliver Carter, and Piper Niven.
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