Consent to Register by Particular Living Individual Whose Name or Likeness Appears in the Mark

When a name, portrait, or signature in a mark identifies a

particular living individual, or a deceased president of the United States during the life

of his widow, the mark can be registered only with the written consent of the individual,

or of the president’s widow, respectively.

15 U.S.C.

§1052(c)

.  The requirement for consent also applies to the

registration of a pseudonym, stage name, or nickname, if there is evidence that the name

identifies a specific living individual who is publicly connected with the goods or

services, is generally known, or is well known in the field relating to the relevant goods

or services.  See

TMEP §§1206–1206.05

concerning refusal of registration under

§2(c) of the Trademark Act,

15 U.S.C.

§1052(c)

, when a mark in an application comprises the name, portrait,

or signature of a living individual whose consent to register such name or likeness is not

of record.

See

TMEP §1206.03

for information about when

the examining attorney must inquire as to whether a name or likeness identifies a

particular living individual.

Consent may be presumed where the individual whose name or

likeness appears in the mark personally signs the application.  See

TMEP §1206.04(b)

for further information.

If a consent to register is already part of the record in the

file of a valid registration for a mark comprised in whole or in part of the same name,

portrait, or signature for the same goods or services, the applicant may satisfy the

requirement for a consent statement by claiming ownership of the registration and advising

the examining attorney that the consent is of record therein.  See

TMEP §1206.04(c)

for further information.

If a mark comprises the name or likeness of a living

individual and consent to register is of record or is presumed from signature of the

application, a statement that the mark identifies a living individual whose consent is of

record must be published in the

Trademark Official Gazette

and included

on the registration certificate.

See

TMEP §§813.01(a)

,

1206.04(b)

6.04(c)

for further information.

If a mark comprises the name or likeness of a living

individual and consent to register is of record or is presumed from signature of the

application, a statement that the mark identifies a living individual whose consent is of

record must be published in the

Trademark Official Gazette

and included

on the registration certificate.

See

TMEP §§813.01(a)

,

1206.04(b)

.  If a name or likeness that could

reasonably

be perceived as that of a living individual is not that of

a specific living individual, a statement to that effect is published in the

Trademark Official Gazette

and included on the registration

certificate.

See

TMEP §813.01(b)

.

See

TMEP

§813.01(b)

and

§1206.05

regarding statements that a name

or likeness that could reasonably be perceived as that of a living individual is

not

that of a specific living individual.

Section 1 and/or 44 Electronic Applications Filed on

or after January 18, 2025

. To meet the base application requirements, if the

mark includes an individual’s name or portrait, the initial application must include

either: (1) a statement that identifies the living individual whose name or likeness the

mark comprises, and written consent of the individual; or (2) a statement that the name or

portrait does not identify a living individual.

37 C.F.R. §2.22(a)(16)

. If this statement does not

appear in the initial application, the applicant must pay an insufficient information fee

per class.

37 C.F.R. §2.22(b)

. See

TMEP §819.02(k)

for further information.