| PTO- 1957 |
| Approved for use through 11/30/2023. OMB 0651-0050 |
| U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it contains a valid OMB control number |
| Input Field |
Entered |
|---|---|
| SERIAL NUMBER | 90785520 |
| LAW OFFICE ASSIGNED | LAW OFFICE 107 |
| MARK SECTION | |
| MARK | mark |
| LITERAL ELEMENT | ELEKTRA LOPEZ |
| STANDARD CHARACTERS | YES |
| USPTO-GENERATED IMAGE | YES |
| MARK STATEMENT | The mark consists of standard characters, without claim to any particular font style, size or color. |
| ARGUMENT(S) | |
|
The Examining Attorney stated that the "name" shown in the mark identifies the name, portrait or signature of a particular living individual, and has therefore, required Applicant to submit a written consent from such individual that authorizes the Applicant to register the name. Applicant wishes to advise the Examining Attorney that the "name" in the mark does not identify a stage name or professional nickname. Rather, it is a fictional character name, a "role", created and owned entirely by Applicant. The "living individual" identified by the Examining Attorney did not use this fictional character name prior to working with Applicant and he cannot use this name if he were to cease working with Applicant. Moreover, Applicant is free to "assign" this fictional character name to any individual it chooses, at any time. Requiring consent this individual is akin to requiring an actor to provide consent for the trademark registration of a role he plays in a movie. For example, DC Comics did not need Christopher Reeve's consent in order to register the character name "Superman" that it owns. Sean Connery's consent would not be required for the registration of the character name "James Bond" any more than Pierce Brosnan's consent or Daniel Craig's consent or any other actor that has played the "James Bond" character. These individuals are merely actors portraying a character. The owner of these registrations can, and have, assigned different actors to play the same role. Such is the case with the mark in the subject application. Applicant can assign this name to any individual it chooses, at any time. Accordingly, no consent by this individual should be required for the registration of the subject mark. |
|
| CORRESPONDENCE INFORMATION | |
| NAME | Lauren A. Dienes-Middlen |
| PRIMARY EMAIL ADDRESS FOR CORRESPONDENCE | lauren.middlen@wwecorp.com |
| SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES) | NOT PROVIDED |
| SIGNATURE SECTION | |
| RESPONSE SIGNATURE | /LADM/ |
| SIGNATORY'S NAME | Lauren A. Dienes-Middlen |
| SIGNATORY'S POSITION | Attorney |
| DATE SIGNED | 04/24/2023 |
| ROLE OF AUTHORIZED SIGNATORY | Authorized U.S.-Licensed Attorney |
| SIGNATURE METHOD | Signed directly within the form |
| FILING INFORMATION SECTION | |
| SUBMIT DATE | Mon Apr 24 20:38:44 ET 2023 |
| TEAS STAMP | USPTO/ROA-XXX.XXX.XX.X-20 230424203844218076-907855 20-8506f70da45a2e47ddd56d e75278e3dd893b2a4cebd5993 0524835dd2f9b21b190-N/A-N /A-20230424203757907770 |
| PTO- 1957 |
| Approved for use through 11/30/2023. OMB 0651-0050 |
| U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it contains a valid OMB control number |
The Examining Attorney stated that the "name" shown in the mark identifies the name, portrait or signature of a particular living individual, and has therefore, required Applicant to submit a written consent from such individual that authorizes the Applicant to register the name. Applicant wishes to advise the Examining Attorney that the "name" in the mark does not identify a stage name or professional nickname. Rather, it is a fictional character name, a "role", created and owned entirely by Applicant. The "living individual" identified by the Examining Attorney did not use this fictional character name prior to working with Applicant and he cannot use this name if he were to cease working with Applicant. Moreover, Applicant is free to "assign" this fictional character name to any individual it chooses, at any time. Requiring consent this individual is akin to requiring an actor to provide consent for the trademark registration of a role he plays in a movie. For example, DC Comics did not need Christopher Reeve's consent in order to register the character name "Superman" that it owns. Sean Connery's consent would not be required for the registration of the character name "James Bond" any more than Pierce Brosnan's consent or Daniel Craig's consent or any other actor that has played the "James Bond" character. These individuals are merely actors portraying a character. The owner of these registrations can, and have, assigned different actors to play the same role. Such is the case with the mark in the subject application. Applicant can assign this name to any individual it chooses, at any time. Accordingly, no consent by this individual should be required for the registration of the subject mark.