Actress Hayley Atwell played a small role in the Trademark Trial Appeal Board refusing to register “Atwell Suites” through her cinematic fame as Marvel character Agent Peggy Carter.
Marks that primarily serve as surnames can’t be registered, and Atwell’s role in various Captain America and Avengers movies helped expose the public to the name, the TTAB said in a precedential decision. Six Continents Ltd. failed to overcome that and other factors or show other ways the public perceived “Atwell,” the board said.
Whether a trademark involving a surname that hasn’t gained consumer recognition can be registered depends on whether the ...