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Storage Wars Victor: #Trademark Partially Denied

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I previously reported on Victor ‘s trademark application for the catch phrase “RIGHT HERE”.  https://funkymarks.wordpress.com/2013/08/29/victor-from-storage-wars-catch-phrase-trademark/

The Trademark Office has rejected the application for the television-related services as not being source-identifying, but has not rejected the services of “Entertainment in the nature of live radio personality performances.”  In particular:

The applied-for mark, as shown on the specimen, does not function as a service mark because the specimen consists of a portion of a television show with a character on the show saying the phrase, “right here” as dialog.  Because the specimen shows a person saying the phrase as dialog, consumers would view the sound as dialog occurring in the course of the show, and not as a source-indicator for the television show.

While he can submit a different specimen or amend the services, the rejection seems sound.  Maybe the services should be auction bidding services (for others?), or television entertainment services, namely, television programs featuring performances by Victor.

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