The United States Patent and Trademark Office believes Cody Rhodes is not making a good enough case to be awarded the trademark for ‘The American Dream’, the nickname made famous by his father, the late Dusty Rhodes.
The trademark, which originally was filed on March, 10, 2019 has continued to be refused, with the latest request for reconsideration filing sent to Rhodes’ attorney on September 14.
This is the third time the trademark has been refused. On July 20, the trademark office issued a “Request for Reconsideration After Final Action” denial, which Rhodes’ attorney responded to on August 20.
Michael E. Dockins, who represents Rhodes, issued a response for the July 20 denial, indicating him and Rhodes are “bewildered and perplexed” as to how the filing could continue to be rejected.
He urged the trademark attorney to contact him directly, rather than having to continue to go through the appeal process.
The reason behind the rejection was due to Rhodes not providing appropriate documentation showing the “The American Dream” used in entertainment services, specifically live appearances and appearances by a professional wrestler.
Rhodes and his attorney believe the documentation they provided is sufficient, but the trademark office is not satisfied.
The latest denial indicates Rhodes has not resolved any outstanding issues with the documentation, as well as provide any new evidence, or arguments whether they should be granted the trademark.
Request For Reconsideration Denial – September 14
The trademark examining attorney has carefully reviewed applicant’s request and determined the request did not:
- Raise a new issue
- Resolve all the outstanding issue(s)
- Provide any new or compelling evidence with regard to the outstanding issue(s)
- Present analysis and arguments that were persuasive or shed new light on the outstanding issue(s)
The examining trademark attorney provided the following notes on the file, detailing the reason why the trademark reconsideration has been denied.
The mark is a stage name for a living individual whose consent is of record and also provides an acceptable specimen including a flyer promoting the services. The current specimens fail to show the mark used in commerce in connection with the applied-for services. In addition, it fails to function as a service mark as it appears to be the stage name of a deceased wrestler.
Accordingly, the following requirement(s) and/or refusal(s) made final in the Office action dated 7/10/2020 are maintained and continued:
- Fails to Function as a Service Mark
- Failure to Show Use of the Mark in Commerce
READ: TIMELINE OF ‘THE AMERICAN DREAM’ TRADEMARK REFUSAL
You can view the documents Cody submitted on June 16, which is not sufficient according to the trademark office.
The trademark office states that since Dusty Rhodes has passed away, the specifics of the filing should not include “live performances by a professional wrestler”. The office is requiring Cody provide details on other deceased performers that have been registered after their death. Rhodes has yet to provide documentation that complies with the request of the trademark office.
Cody can once again appeal the denial, and has until January, 2021 to provide proper documentation to move forward with the application. He has previously trademarked the name Dusty Rhodes, which he was awarded.
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