April 22, 2009

On April 10, 2009, Nadya Suleman, widely known as "Octomom" based on giving birth to octuplets earlier this year, filed two separate trademark applications for the mark OCTOMOM. The first application (U.S. Trademark Application Serial No. 77/711,827, first link below) was filed in international class 041 in connection with the services of "entertainment in the nature of on-going television programs in the field of varity (sp)." The second trademark application (U.S. Trademark Application Serial No. 77/711,852, second link below) was filed in international classes 016 (in connection with "disposable diapers") and 025 (in connection with dresses, pants, shirts, and textile diapers). Each application lists "Nadya Suleman AKA Octomom" as the applicant, and include a signed "Consent of Living Declaration" where Ms. Suleman declares "that OCTOMOM is a nickname by which I am widely known," consenting to the use of her nickname as a trademark. However, and on March 12, 2009, applicant Super Happy Fun Fun, Inc. filed a trademark application for OCTOMOM (U.S. Trademark Application Serial No. 77/689,864, third link below) in international classes 009 (relating to computer software, ring tones, wall papers, screen savers, etc.), 028 (toy action figures and other types of toys), and 041 (entertainment services relating to online computer games and other services). Any ideas on which of these applications, if any, will proceed to publication first?

Application Serial No. 77/711,827 (Suleman): LINK
Application Serial No. 77/711,852 (Suleman): LINK
Application Serial No. 77/689,864 (Super Happy Fun Fun): LINK

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Mark Reichel
Reichel IP LLC

I am a patent attorney with Reichel IP LLC, where I concentrate my practice on patent drafting and prosecution, trademarks, and general intellectual property matters. I currently focus on the preparation and prosecution of medical device and other life sciences patent applications, and being actively involved in a number of local not-for-profit organizations.

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