Sarah Palin files paperwork to trademark her name

[Bad_Daddy 2,209]

http://news.yahoo.com/s/yblog_theticket/20110204/pl_yblog_theticket/sarah-palin-files-paperwork-to-trademark-her-name

With a reality show and two books under her belt, Sarah Palin has become a one-woman industry, and now she's seeking to protect her brand.

As Politics Daily's Suzi Parker reports, Palin recently filed paperwork with the U.S. Patent and Trademark Office to trademark her name, as well as the name of her oldest daughter Bristol, who's become something of a celebrity brand in her own right.

Palin's paperwork was filed in November, shortly before the premiere of her TLC show, "Sarah Palin's Alaska." Bristol Palin's application was filed in September, a few days before she began her own reality TV stint on ABC's "Dancing with the Stars." The applications are still pending, amid several queries by the Patent office.

It's hard for an individual to trademark their name, but it's not without precedent. Pop singer-songwriter Billy Joel has done it, for example. If Palin's applications are granted, many politicians seeking to keep tighter commercial control of their images may well follow suit.

Since President Obama was elected, the White House has openly grumbled about advertisers using Obama's name and likeness to sell products. Last year, Obama aides publicly complained after the Weatherproof Garment Company installed a billboard in Times Square showing Obama wearing one of its jackets on a trip to China. But there was little the administration could legally do, since Obama's image and name aren't legally protected. The billboard was eventually removed—though not because of complaints.

[Usui Takumi 1,562]

Uh so what happens if your name is Sarah Palin and you own a law firm named Sarah Palin & Associates? Trademarking names is foolish.

[Dan J 277]

Now she can licence her name to all the mothers who want to name their kids after her.

[^_^ 5,021]

Uh so what happens if your name is Sarah Palin and you own a law firm named Sarah Palin & Associates? Trademarking names is foolish.

Then they have to change their names or promise to not make any money using the name.

[Bad_Daddy 2,209]

Now she can licence her name to all the mothers who want to name their kids after her.

[The_Dude 1,142]

Then they have to change their names or promise to not make any money using the name.

I think it is fine in that scenario so long as they don't try to imply that Sarah Palin™ has anything affiliation.

[^_^ 5,021]

... so long as they don't try to imply that Sarah Palin™ has anything affiliation.

What?

[The_Dude 1,142]

What?

If someone else with the same name started a business and called it Sarah Palin and Associates, they could use the name, as long as they don't try to imply that the former governor has any affiliation with the new business.

[^_^ 5,021]

If someone else with the same name started a business and called it Sarah Palin and Associates, they could use the name, as long as they don't try to imply that the former governor has any affiliation with the new business.

Oh. Yeah, of course. I think that's the whole point. Maybe they got wind of a covert Dem project to run a "Sarah Palin" as an independent in 2012

[Mr. Big Dog 10,747]

Trademarking names is foolish.

Look who's doing the trademarking. Are you really surprised?

[mawilson 2,133]

Then they have to change their names or promise to not make any money using the name.

Wrong. The trademark office is supposed to check the market for conflicting

trademarks and if they find someone who is already using the trademark that

you are applying to own, they will reject your application.

[^_^ 5,021]

Wrong. The trademark office is supposed to check the market for conflicting

trademarks and if they find someone who is already using the trademark that

you are applying to own, they will reject your application.

Sorry, I didn't realize the trademark wasn't already approved. I will read the OP next time!

[mawilson 2,133]

Sorry, I didn't realize the trademark wasn't already approved. I will read the OP next time!

It's not, that was my point. If a business called "Sarah Palin & Аss." existed

prior to her filing a trademark application, the trademark office should reject

her application. If they don't, the business will have a good case against them.

Edited February 4, 2011 by mawilson

[Bad_Daddy 2,209]

http://news.yahoo.com/s/nm/20110204/us_nm/us_palin_trademark

Palin trademark application refused -- for now

WASHINGTON (Reuters) – Former Alaska Governor Sarah Palin's bid to trademark her name and that of her daughter, Bristol, ran into trouble at the U.S. Patent and Trademark Office because the application forms were unsigned, government records show.

Applications to trademark the names Sarah Palin and Bristol Palin, both for "motivational speaking services," were filed on November 5 by the Palins' longtime family attorney, Thomas Van Flein, but were quickly slapped down by a trademark examiner.

"Registration is refused because the applied-for mark, SARAH PALIN, consists of a name identifying a particular living individual whose consent to register the mark is not of record," the patent agency said in an office action.

"Please note this refusal will be withdrawn if applicant provides written consent from the individual identified in the applied-for mark," the patent office said.

The office also said Palin's application failed to show that her name had been used in commerce and could also be rejected on those grounds.

Bristol Palin's application also will need to be redone, according to a similar office action filed in her case.

The applications will be fixed, and the trademarks are likely to be granted, said attorney John Tiemessen, now handling the trademark process for Palin.

"We're working on it," Tiemessen told Reuters.

Tiemessen is with the law firm Clapp, Peterson, Tiemessen, Thorsness, Johnson, LLC.

Palin, the Republican nominee for vice president in 2008, has become one of the most recognizable names in U.S. politics and a darling of the conservative Tea Party movement that helped sweep Republicans to a majority in the House of Representatives during the 2010 elections.

Her daughter, Bristol, became a fan sensation as a contestant on the popular ABC show "Dancing with the Stars."

An unwed, single mom as a teenager, Bristol has also increasingly made a name for herself giving talks about teen pregnancy and abstinence from sex.

Both women also have staked out careers on the lecture circuit, as their trademark applications attest.

The governor seeks to register her name in conjunction with "providing motivational speaking services in the field of politics, culture, business and values," her application says.

It also cites her services in "providing a website featuring information about political issues."

Her daughter seeks to trademark in connection with her role as a motivational speaker "in the field of life choices."

Legal experts said it is relatively unusual for politicians to formally trademark their names because they are generally not associated with commercially valuable products or services. Trademarking a name is more common for celebrities in the fields of entertainment, fashion or sports.

"There's difference between being famous and being a brand," said Claudia Ray, a partner in the New York-based firm Kirkland & Ellis LLP, which specializes in trademark law.

"Sarah is somebody who is now out of government and pursuing other activities, in particular, speaking engagements ... and it looks like she's looking to protect her name with those activities."

Jim Vana, a partner with the Seattle trademark law firm Perkins Coie, said safeguarding exclusive rights to one's own name is just part of the story.

"It helps to turn your fame and recognition into a brand that you can use to promote business services," he said.

Edited February 5, 2011 by Why_Me

[^_^ 5,021]

Former Alaska Governor Sarah Palin's bid to trademark her name and that of her daughter, Bristol, ran into trouble at the U.S. Patent and Trademark Office because the application forms were unsigned, government records show.

And this operation thinks they can run a successful campaign for President?