The United States Patent and Trademark Office handed Matt Hardy his first defeat in the fight to trademark the ‘Broken Matt Hardy’ term with the registration being refused because it identifies only the name of a particular character/personal name and it does not function as a service mark to identify and distinguish applicant’s services from those of others and to indicate the source of applicant’s services.
The name of a character is registrable as a service mark only where the record shows that it is used in a manner that would be perceived by consumers as identifying the services in addition to identifying the character. The USPTO refusal listed precedents to back up their judgment.
Hardy submitted two YouTube videos as part of the package to secure the trademark. “In this case, the two Youtube specimens merely name a wrestler. The name of the wrestler, however, is not an indicator of source for the services. Consumers would understand ‘TNA One Night Only’ as the trademark for the wrestling service. The ‘Moments of Glory’ specimen does not appear to advertise the provision of any services at all,” the refusal letter continues.
Hardy can appeal the decision within six months. He applied for the trademark on March 1, the day after he was free from all his TNA contract and obligations.
You can read the full office action document at http://bit.ly/2rYqLIi.
