Cody Rhodes Trademark For ‘The American Dream’ Denied For Second Time

“The American Dream” Trademark Continues To Be Denied

The United States Patent and Trademark Office has refused a trademark for the term “The American Dream” filed by Cody Rhodes for the second time.

The filing, which was originally submitted on March 10, 2019, has been denied twice due to proper documentation not being submitted to show the term “The American Dream” used in entertainment services, specifically live appearances and appearances by a professional wrestler.

Entertainment services, namely, live appearances by a professional wrestler and sports entertainment personality; Entertainment services, namely, personal appearances by a professional wrestling and sports entertainment personality; Entertainment services, namely, wrestling exhibits and performances by a professional wrestler and entertainer; Entertainment services, namely, providing podcasts in the field of professional wrestling and sports entertainment

The first denial was issued on March 24, 2020.

Reason Trademark Was Denied On March 24

• Registration is refused because the applied-for mark, as used on the specimen of record, identifies only the name of a particular character; it does not function as a service mark to identify and distinguish applicant’s services from those of others and to indicate the source of applicant’s services.
• The name of a character is registrable as a service mark only where the record shows that it is used in a manner that would be perceived by consumers as identifying the services in addition to identifying the character.
• In addition, registration is refused because the applied-for mark, as used on the specimen of record, does not function as a service mark to identify and distinguish applicant’s services from those of others and to indicate the source of applicant’s services.
• The applied-for mark, as shown on the specimen, does not function as a service mark because it does not show THE AMERICAN DREAM as the source of the applied-for services.
• Specifically, for example, the applicant has applied for “entertainment services, namely, live appearances by a professional wrestler and sports entertainment personality” but have stated in another application that Dusty Rhodes, with whom this mark is used, is not a living individual.

Cody was given six months to provide proper documentation, which he submitted on June 16, 2020, via his attorney Michael E. Dockins.

The documentation provided included images of a WWE Dusty Rhodes action figure, photos of Dusty Rhodes wearing a t-shirt that reads “The American Dream”, as well as a website listing Dusty Rhodes quotes.

Cody Rhodes responded to the first denial with the following

• Applicant submits herewith substitute specimens and photos showing the mark used on “ring gear” worn during wrestling matches, screen shots showing use of the mark in introductions and on screen during provision of wrestling services, new stories showing images of the same and using the mark to describe use of the mark, and an action figure of a wrestler and using the mark. These are similar, if not identical, to other specimens filed with respect to innumerable other wrestling-related trademarks and accepted by the USPTO.

You can view the submitted documents below.

After submitting the documents on June 16, The United States Patent and Trademark office wasn’t satisfied, and refused the trademark for a second time on July 10, 2020.

The trademark office states that since Dusty Rhodes has passed away, a trademark cannot be issued for “live performances by a professional wrestler”. The office is requiring Cody provide details on other deceased performers that have been registered after their death.

Reason Trademark Was Denied On July 10

• Registration is refused because the applied-for mark, as used on the specimen of record, identifies only the name of a particular character; it does not function as a service mark to identify and distinguish applicant’s services from those of others and to indicate the source of applicant’s services.
• The name of a character is registrable as a service mark only where the record shows that it is used in a manner that would be perceived by consumers as identifying the services in addition to identifying the character.
• In addition, registration is refused because the applied-for mark, as used on the specimen of record and the substitute specimen, does not function as a service mark to identify and distinguish applicant’s services from those of others and to indicate the source of applicant’s services.
• The applied-for mark, as shown on the specimens of record, does not function as a service mark because it does not show THE AMERICAN DREAM as the source of the applied-for services.
• Applicant’s arguments about these types of specimens being “similar, if not identical to other specimens filed with respect to innumerable other wrestling-related trademarks and accepted by the USPTO” is not convincing. Prior decisions and actions of other trademark examining attorneys in registering other marks have little evidentiary value and are not binding upon the USPTO or the Trademark Trial and Appeal Board
• Again, applicant’s arguments that these types of specimens have been accepted in the past is unconvincing. If the applicant can demonstrate that stage names of deceased performers have been registered after their deaths, please provide the serial numbers of those cases for Office review.

Cody now has six months to provide proper documentation to retain rights to the trademark. He has previously trademarked the name Dusty Rhodes, which he has been granted.

WWE has yet to file an opposition for “The American Dream” trademark. They have been preventing Cody from trademarking the name “Cody Rhodes”.

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