It appears that Kim Kardashian would like to follow in the footsteps of Jay-Z and Beyonce and seek a trademark registration her baby's name. Last year, the couple filed an application for registration of "BLUE IVY CARTER" for use on or in connection with a number of goods and services -- everything from fragrances to baby rattles to entertainment services in the nature of live musical perforances. The registration hasn't yet issued, since the couple hasn't actually used the trademark in commerce on or in connection with the goods and services listed in the application.
A federal trademark registration can only be obtained once a mark has actually been used in commerce. However, those applicants who have an "intent" to use a trademark in commerce in the future may file an application for registration of the trademark on an "intent to use basis". An applicant who files on an "intent to use" essentially gets to reserve the trademark in connection with the goods and services listed in the application, but must show actual use of the trademark in commerce on the goods and services listed in the application before a certificate of registration will issue. Keep in mind that a mark can't remain on reserve forever; applicants only have three years after the Notice of Allowance issues to prove use of their mark in commerce.
This raises another question. Can someone really register their baby's name? Suprisingly, yes. The Trademark Office will permit federal registration of a "personal name" such as BLUE IVY CARTER without proof of acquired distinctiveness. However, registration of a surname alone requires proof of acquired distinctiveness. It is also important to note that the name of a living person cannot be used as a mark or federally registered as a trademark without express authorization of that person (or their legal gardian). This begs the question -- will Kim sign or will Kanye? Sources say it surely won't be Kanye.
We'll be checking the PTO records intently to see whether the fashionista goes through with filing an application for registration of her baby's name. Will the owner of record be listed as Kimsaprincess, Inc. or Kim Kardashian? We'll have to wait and see.
If only George Costanza (Seinfeld) had availed himself of ™ registration, he may have been able to prevent Carrie and Ken from naming their newborn child "Seven". Then again, George might have been doomed to failure in an action for trademark infringement regardless of the aptitude of world renown litigator, Jackie Chiles.
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