Comments on: Octomom Nadya Suleman Files Trademark Applications

By: barbara

barbara — Tue, 28 Apr 2009 07:36:18 +0000

This woman just makes me SICK!!!!

By: Tunde

Tunde — Wed, 22 Apr 2009 17:41:39 +0000

I’d argue it can’t be “merely descriptive” a) when it’s a coined word and b) when it’s considered in relation to the goods and services in the applications. What the heck does ‘octomom’ mean anyway? Maybe it’s a mom with octuplets, maybe it’s a cheeky reference to a mom who needs 8 arms (don’t we all), maybe a mom who likes octopus. My vote would be suggestive, yes, descriptive no. As to the confusion question, I’ll be interested to see what happens too!

By: Gene Quinn

Gene Quinn — Sat, 18 Apr 2009 22:10:00 +0000

Mike-

Are there really others who are using the name as a trademark, or are they just using it to refer to her? If they are using OCTOMOM to refer to Suleman doesn’t that help her? With FEDEX, everyone was referring to sending something overnight as “fedex-ing” or referring to overnight mail as “just send it FEDEX at the post office.” The Federal Express change seemed at the time to make sure the term “fedex” didn’t become synonymous with overnight mail, as the term “xerox” had started to become with respect to making photocopies.

-Gene

By: Mike

Mike — Fri, 17 Apr 2009 13:20:11 +0000

Gene,

The big difference here is none of the competitors were using the name “FEDEX.” I am sure in this case someone like Perez Hilton will provide a previous user of the term “OCTOMOM” in the entertainment industry. She may be able to get the clothing mark though.

Mike

By: Mark Malek

Mark Malek — Fri, 17 Apr 2009 13:15:45 +0000

With respect to Laura’s comment, it would be interesting to see if an opposition is filed by someone who may be considered a senior user. The term was coined by others, and due to its popularity, someone may already be using the mark on similar goods and/or services.

By: Gene Quinn

Gene Quinn — Thu, 16 Apr 2009 20:45:24 +0000

Laura-

Can you elaborate a bit? How would this differ from what FedEx did when they changed from Federal Express. Remember the advertising campaign about 12 or 14 years ago now? They said something like… “OK… we get it… everyone calls us FedEx… so we are going to change our name…”

-Gene

By: Laura

Laura — Thu, 16 Apr 2009 19:26:08 +0000

I think the issue is not desriptiveness but whether she has the exclusive right (even irrespective of Super Happy Fun Fun) when the media created the term and applied it to her, rather than her coining the term.