Politics in the USPTO?

Posted by Douglas Sorocco, September 20, 2004 at 2:24 am
CLIENT SERVICE, FRIDAY FUN, INVENTORS, IP ODDITIES, IP STRATEGY, TRADEMARK

The New York Times reports several trademark applications for political phrases.  Because it takes months to process trademark applications, it is unlikely that any will be actually registered before November 2.  Maybe the applicants are hoping to use the phrases next election.  Some examples include the following:

 

  • Bush Whack Kerry
  • Liar, Liar, Bush on Fire
  • Kerry Bush Back to Texas
  • Kerry Flip Flop (for rubber shower shoes)
  • Kerryoyo (for a yo-yo)
  • Vote Right. Vote Republican
  • Republican = I can
  • Democrat = Rat
  • Republican't
  • Be a Republican - Not a Republican't
  • Let's Kerry On
  • Kerrysma
  • Bush Bin Lyin
  • Barack the Vote (referring to Barack Obama)
  • Barack Star (also referring to Obama)
  • Republican Attack Machine
  • R.A.P. Republican Approved Poverty
  • Kerry for King Bush for President, Democrats Rule Republicans Govern (I have no idea what this one means)

Some pending trademarks that have already lost any potential value include the logo for the New York City Republican convention, and "John Edwards President."

Of course, this doesn't mean people can use the phrases without legal problems.  Trademark rights actually vest with use.  Since it's sometimes hard to use the mark in all possible areas, registration is usually better.  Registration gives constructive notice to everyone in the U.S. that the mark is being used (even if it hasn't yet been used).  Additionally, registration is a fairly inexpensive way to protect a phrase for use in commerce.  This may explain the applications for phrases that will be obsolete in about a month and a half.

This is another example of the importance of doing a financial analysis of any decision regarding intellectual property.  Is it really worth spending even $1 for a pass� trademark or a patent that you will never be able to market?

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