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  1. #1

    Default Consent of Living Individual - Examiner's Amendment/Priority Action

    Hello, I filed my trademark and just received the following:


    ISSUES APPLICANT MUST ADDRESS: On <date>, the trademark examining attorney and <name> discussed the issues below. Applicant must timely respond to these issues. See 15 U.S.C. §1062(b); 37 C.F.R. §2.62(a); TMEP §§708, 711.

    Consent of Living Individual

    The applied-for mark contains the name “<name>” and appears to identify a particular living individual; however, the application does not include this named party’s written consent to registration of the name as a trademark/service mark. Written consent is required for registration of a mark containing a name, including a pseudonym, stage name or nickname, or signature, if the name or signature identifies a particular living individual. Trademark Act Section 2(c), 15 U.S.C. §1052(c); TMEP §§813, 1206.04(a). Therefore, applicant must clarify whether this name/signature identifies a particular living individual and, if so, provide a written consent from this individual, as explained further below. 37 C.F.R. §2.61(b); TMEP §§813, 1206.04(a).

    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. TMEP Section 1206.04(b). (Emphasis added.)

    If the name or signature in the mark does identify a particular living individual, then applicant must submit the following:

    (1) A statement that the name “<name>” identifies a living individual whose consent is of record.

    (2) A written consent, personally signed by the individual whose name or signature appears in the mark, authorizing applicant to register the name as a trademark and/or service mark with the USPTO (e.g., “I consent to the use and registration of my name <name> as a trademark and/or service mark with the USPTO”).

    TMEP §§813, 813.01(a), 1206.04(a); see 37 C.F.R. §2.61(b).



    I'm not sure how to respond. I know I need to go here:

    ...but I'm not sure exactly what needs to be provided. Is there a form letter I can use, or advice on what needs to be provided? I want to make sure my response is thorough and provide the USPTO with everything they need.

    Thanks for all your help!

  2. #2
    Join Date
    Sep 2005
    Behind a Desk

    Default Re: Consent of Living Individual - Examiner's Amendment/Priority Action

    Either your mark references a living individual or it does not. If it does, the instructions seem pretty clear. If it does not, how about explaining the genesis of your mark and how it won't be confused with or misused as a reference to the living individual?

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