What is Consent of a Living Individual for Trademark Registration Purposes?

consent of a living individual

The consent of a living individual is required by the United States Patent and Trademark Office(opens in new tab) (USPTO) if you’re seeking to register a trademark that either (1) identifies a particular living individual, or (2) identifies a deceased president of the United States during the life of his/her widow. Without such written consent, the USPTO is obligated by law to refuse registration of your trademark on either the Principal Register or Supplemental Register. The purpose of this requirement is to protect the rights people have in their own identities and to ensure that consumers aren’t misled about who is responsible for a product or service. Because most people aren’t applying to register trademarks identifying deceased U.S. presidents during the lives of their widows, I will focus this article solely on marks that identify particular living individuals. However, if you want to learn more about that topic, or review the rules concerning consent of a living individual in general, I suggest you read Section 1206 of the Trademark Manual of Examining Procedure (TMEP(opens in new tab)).

What is a Request to Divide a Trademark Application?

request to divide

A Request to Divide is filed with the United States Patent and Trademark Office(opens in new tab) (USPTO) for the purpose of dividing specific products and/or services into one or more separate trademark applications. In other words, the owner of a trademark application can essentially remove products/services from its current application (called the “parent” application) and place them into one or more new applications (called the “child” applications). The child applications retain the same filing date as the parent application, but each one receives a new serial number. After a Request to Divide is granted, each child application is treated independently from one another and from the parent application.

What is a Registered Extension of Protection of a Trademark in the USA?

extension of protection

A registered extension of protection of a trademark in the United States is a trademark that is registered with the United States Patent and Trademark Office(opens in new tab) (USPTO) under Section 66(a) in accordance with the Madrid Protocol(opens in new tab). The registered extension of protection is treated almost identically to a trademark that is registered under Section 1(a) (use in commerce) or Section 44(e) (U.S. registration based on a foreign trademark registration) with only a few very minor exceptions. In other words, essentially all of the benefits and protections afforded a trademark registered under Section 1(a) or Section 44(e) equally apply to a trademark registered under Section 66(a).

What are the Benefits of Getting a Trademark Registration?

trademark registration

There are many benefits associated with getting a trademark registration for the names, logos, and taglines you use (or intend to use) in connection with the advertising and sale of your products or services. Personally, I like to think of a US trademark registration as an insurance policy. You purchase automobile insurance in case you’re involved in a car accident. You buy homeowners insurance in case your house goes up in flames. And you purchase health insurance in case you become seriously ill. Of course, you hope you never have to use your insurance policies, but you’re extremely glad you bought them if a tragedy or disaster does occur. Similarly, a trademark registration is like insurance on your trademark. It protects one of your most valuable business assets and assists you in recovering the monetary damages you’ll likely suffer as a result of an unexpected infringement or misappropriation by someone else.

What is a Surrender of a Trademark Registration?

surrender of trademark

A surrender of a trademark registration is a voluntary request that the United States Patent and Trademark Office (USPTO) cancel the registration. There are a handful of reasons why you might choose to voluntarily surrender your trademark registration. For example:

You’re no longer using your trademark in commerce and have no plans to resume use
A trademark cancellation or concurrent use proceeding was filed against your registration
You entered into a settlement agreement with a third-party that requires surrender of your trademark registration
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