17
Feb/12

You Know Who Needs Expedited Handling of a Trademark Application? Jeremy Lin.


Three trademark applications were filed that include the term BLUE IVY CARTER.  One of those, 85526099, was signed by Beyonce.  That application received an office action after one week.  Did your eyebrows just go up?  OK, TDR doesn’t reflect it, but our guess is that the applicant filed a “Petition to Make Special“:

Use this form to petition to advance initial examination of an application out of its regular order. A petition to make “special” must be accompanied by the petition fee ($100), an explanation of why special action is requested, and a statement of facts that shows that special action is justified. The statement of facts must be supported by an affidavit or declaration under 37 C.F.R. §2.20. The most common reasons for granting petitions to make “special” are the existence of actual or threatened infringement, pending litigation, or the need for a registration as a basis for securing a foreign registration. See TMEP §1710 et seq.

In view of two other BLUE IVY CARTER applications (and, I’m speculating, a lot of infringement), there are special circumstances here.  BTW, the office action refers to Blue Ivy as a famous infant (a category perhaps deserving its own Article in the Paris Convention).

Given that there are two seemingly unauthorized applications for LINSANITY and one for LINSANE, Jeremy Lin should look into this as well.

Now, on to more important matters.