TTAB Affirms PTO’s Refusal to Register Marks Incorporating Terms ‘Barack,’ ‘Obama’

December 15, 2010, 5:00 AM UTC

Three marks that incorporated the terms “Barack” and “Obama” identified a living person and thus triggered a provision requiring the written consent of that person in order to obtain federal trademark registrations, the Trademark Trial and Appeal Board ruled Dec. 10 (In re Hoefflin).

Affirming the Patent and Trademark Office’s refusal to register “Obama Bahama Pajamas” and two similar marks, the board rejected the applicant’s arguments that the marks did not refer to the U.S. president.

Three Applications Filed Just Before Inauguration.

Richard M. Hoefflin separately sought to register the marks “Obama Bahama Pajamas,” “Obama Pajamas,” and “Barack’s ...

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