By now most people are familiar with the Kardashian name. Kim, Khloe, and Kourtney Kardashian, famously known for their reality show Keeping Up with the Kardashians, their fashion line, as well as their many social media postings, have filed a trademark opposition against their future sister-in-law Blac Chyna.
A trademark opposition proceeding is an administrative step within the United States Patent & Trademark Office (USPTO), which allows a third party to oppose the registration of a trademark, following the publication of the mark for opposition in the USPTO’s Original Gazette. In order to oppose a trademark the third party must have a real or legitimate interest in the proceeding, which generally requires the third party to have a direct or personal stake in the mark. It is not enough for the third party to have a general belief that the trademark registration would be unfair.
Rob Kardashian and Blac Chyna just celebrated the birth of their daughter Dream Renée and were in the midst of planning their wedding. Recently, Blac Chyna tried to trademark her legal name, Angela Renée White as “Angela Renée Kardashian”. The stated reason for the trademark application was to allow her to use the name on her social media pages and in the entertainment community.
When the Kardashians’ attorneys discovered the trademark application, they filed an opposition. The opposition stated that “[u]pon information and belief, the Applicant intends to use the Opposed Mark in connection with services that are marketed and sold in the same or similar channels of trade, and to be purchased by the same or substantially similar classes of consumers as the services offered by Opposers, and each of them, under the Kardashian Marks.”
Some are questioning why Chyna would try to trademark a name that wouldn’t legally be hers until she is married. Others are now questioning it even more since Rob and Blac Chyna have recently split. There are many reasons why someone would file a trademark for a name. For one, it assures consumers that what they are purchasing actually came from the named person selling the item. Take Martha Stewart for example. She has trademarked her name, and that name is now associated with her brand. The same goes for Ralph Lauren, Calvin Klein, etc. These individuals’ names have become synonymous with their individual brand. Another reason someone may want to trademark their name is to prevent others from using it. This helps prevent confusion about the source of products or brands. This is one of the main reasons the Kardashians have filed the lawsuit. The Kardashians are concerned that Chyna is trying to use the name for her own personal gain and benefit. Attorneys for the Kardashians have stated that “[t]he applicant is deliberately seeking to profit from the goodwill and popularity of opposers’ Kardashian marks,” further noting that the use of the name could “cause confusion” and “deceive consumers.”
While anyone could potentially trademark their name, the problem enters when the new trademark is similar to an existing trademark in such a way that would lead to consumer confusion. A key issue in this matter is that the services that Chyna listed in her trademark application would be similar to the services that the Kardashians already have trademarked. It is rumored that Chyna, under the moniker Kardashian, is going to launch entertainment services such as television and movie appearances, party hosting, as well as allowing the public to see her life as a “social media celebrity.” In the opposition, the Kardashians claim that they will “suffer damage including irreparable injury to their reputation and goodwill” if Chyna uses the Kardashian name in this manner.
Chyna’s lawyer Walter Mosley says he hopes this is “just a big misunderstanding but [he’s] just proceeding as if it’s not and [is] going to do the best work [he] can for [his] client.”
We will have to wait and see if the opposition is continued or if an agreement can be reached.