The Signature is Required
The Lanham Act is a federal law that governs trademarks in the United States. It provides a legal framework for the registration and protection of trademarks, which are used to identify and distinguish goods and services in the marketplace. Trademarks can be words, symbols, logos, or other distinctive designs that help consumers identify the source of a product or service.
Section 2(c) of the Lanham Act specifically prohibits the registration of a trademark that consists of a name, portrait, or signature identifying a particular living individual, except by that individual's written consent. This provision also applies to the use of a deceased individual's name, portrait, or signature if it creates a false impression that the individual endorsed the product or service.
The purpose of this provision is to prevent the unauthorized use of an individual's identity for commercial gain. It recognizes that individuals have a right to control the use of their name and reputation and should not be exploited for commercial purposes without their consent. This provision also helps to prevent confusion among consumers about the source of a product or service and protects the integrity of the trademark system.
If a trademark application is denied under Section 2(c) of the Lanham Act, the applicant may still be able to use the name, portrait, or signature of the individual in question if it is done in a way that does not create a false impression that the individual endorses the product or service. For example, a company may use a celebrity's name in an advertisement to describe a product that the celebrity has publicly endorsed, but they cannot use the celebrity's name as a trademark for the product.
On June 5, 2023, the Supreme Court granted certiorari in Vidal v. Elster, No. 22-704, (U.S. June 5, 2023). This case could change the way this section is interpreted at the United States Trademark and Patent Office (USPTO) and how decisions at the Trademark Trial and Appeal Board (TTAB) are made.
While there are restrictions on the registration of certain trademarks, businesses should not be discouraged from pursuing trademark protection. As long as a trademark is unique and distinguishable, it can be registered and provide valuable legal protection for the business. If you need help navigating a 2(c) refusal, we are here to help. Give us a call at 1-888-752-2629 or schedule an appointment here.