Sarah Palin - Trademarked by Sarah Palin

According to the United States Patent Office (USPTO) website, Sarah Palin applied to register her name as a trademark on November 5, 2010. The USPTO site lists three uses that Palin will use the "Sarah Palin" trademark on: Information about political elections; Providing a website featuring information about political issues; and Educational and entertainment services, namely, providing motivational speaking services in the field of politics, culture, business and values. 


What becomes immediately apparent is that the mark received its first office action on November 29, 2010 - only 24 days after the application's inception. That is a quick first office action - the last mark I applied for, I was told that it would be at least 3 months until first office action. Further, the rejections that the mark received are not so common. The mark received rejections for a deficient specimen and another rejection because Palin did not send evidence of her consent to registration of her name as a trademark (2c). 


The specimen was deficient because Palin's attorney used a Fox News article about Palin to show that her name has actually been used as a mark in commerce. The article does not show the mark being used as the application indicates, however. Arguably, the Fox News article could be considered "information about political elections", but the article certainly does not evidence that Palin is "providing a website" or that Palin is "providing motivational speaking services". Thus, the examining attorney explained:

None of these specimens show use of the mark SARAH PALIN in relation to the services specified of “Information about political elections” and “Providing a website featuring information about political issues”.  Therefore, applicant must submit the following:

(1)  A substitute specimen for the class 35 services showing the mark in use in commerce for each class of goods and/or services specified in the application; and

(2)  The following statement, verified with an affidavit or signed declaration under 37 C.F.R. §2.20:  “The substitute specimen was in use in commerce at least as early as the filing date of the application.”  37 C.F.R. §2.59(a); TMEP §904.05; see 37 C.F.R. §2.193(e)(1).  If submitting a substitute specimen requires an amendment to the dates of use, applicant must also verify the amended dates.  37 C.F.R. §2.71(c); TMEP §904.05.

As far as Ms. Palin's withheld consent, the examining attorney explained:

The examining attorney notes the applicant is Sarah Palin, the name specified as the mark.  However Ms. Palin did not personally sign the application.  As stated in TMEP section 106.04(b):

'Application Must be Personally Signed. Consent may be presumed only where the individual whose name or likeness appears in the mark personally signs the application. If the application is signed by an authorized signatory, consent to register the name or likeness must be obtained from the individual. This is true even where the name or likeness that appears in the mark is that of the individual applicant.'

In the next year or so, don't be surprised if you see a (R) or at least a TM next to the name "Sarah Palin". The name will soon be transformed into a commodity that can be packaged and sold through licensing and franchising. 

For those who are interested, the serial number of the mark is 85170266.

8517022