Who is the Queen of Christmas?
When I started this blog, I did not anticipate writing about Mariah Carey. Moreover, I did not expect to write about her three times in one month.
I recently read several articles describing the "travesty" that Mariah Carey was refused registration for her QUEEN OF CHRISTMAS mark at the USPTO. I was intrigued and thought I should investigate what happened. When I heard that the USPTO refused registration, I assumed that a trademark examining attorney at the USPTO reviewed Ms. Carey's application and rejected it for one or more grounds. It appears that such a rejection never occurred.
I searched for the mark QUEEN OF CHRISTMAS and found an application identifying goods/services in sixteen classes. The application was filed by Lotion, LLC of 21731 Ventura Boulevard, Suite 300 Woodland Hills, California, which is owned by Mariah Carey.
The application was filed on March 10, 2021 on an intent-to-use basis. An office action issued on October 14, 2021, which rejected the application as to "Christmas tree decorations including ornaments and trees based on U.S. Trademark Registration No. 5698236 for the mark CHRISTMAS QUEEN. The office action required amendments to the identified goods/services. Lotion, LLC submitted a response, which the examining attorney found persuasive.
Despite overcoming the examining attorney's refusal, the application was Elizabeth Chan and Battery Park Media, LLC opposed the application. The opposers argued that the application for QUEEN OF CHRISTMAS if granted, would create a likelihood of confusion and false association Ms. Chan's QUEEN OF CHRISTMAS mark.
In support of these claims, the opposers alleged several facts, including:
Elizabeth Chan—pop music’s only full-time Christmas singer songwriter—has herself been repeatedly dubbed the “Queen of Christmas.”
Ms. Chan has embraced and used the title, "Queen of Christmas" at least since 2014. T
Ms. Carey has candidly admitted that she “did not create the title or the moniker ‘Queen of Christmas’,” and she does not even consider herself the Queen of Christmas.
Lotion, LLC had until September 20, 2022, to file an answer or responsive pleading. Lotion, LLC did not file an answer and Board entered default judgment in favor of the opposers. As a result, the USPTO treated Lotion, LLC's application for QUEEN OF CHRISTMAS as abandoned.
In short, Mariah Carey's (i.e., Lotion, LLC) QUEEN OF CHRISTMAS application failed but not due to the refusal of the USPTO. Instead, a third-party opposed the application, a response was not filed, and the application failed by default.
This blog hopefully accomplishes two things: it shares a story regarding a quasi-interesting trademark application; and it reminds you that the application process does not end when the examiner gives his/her approval--the applicant must avoid or overcome opposition.
Happy new year!
