WWE Illustrates Requirements of Trademark Applications for Creative Works
Wrestling Headlines reported this weekend that World Wrestling Entertainment, Inc. (“WWE”) recently filed applications for several trademarks with the USPTO, including: “Royal Rumble,” Elimination Chamber,” “Fatal-Four Way,” “WWE NXT,” “Jailhouse Street Fight,” and “Money In The Bank.” The article indicated that “[t]he only unknown term in that group is ‘Jailhouse Street Fight,’ which is most likely a new gimmick match.”
For example, Money In The Bank and Elimination Chamber are both annual WWE programs that have taken place since 2010. The multiple iterations of these events is important. Per the USPTO’s Trademark Manual of Examining Procedure: “The name of a series of books or other creative works may be registrable if it serves to identify and distinguish the source of the goods. An applicant must submit evidence that the title is used on at least two different creative works.” TMEP § 1202.08(c).
The titles of these WWE programs are creative works under the TMEP. Registration of the names therefore requires evidence that the name has been used in connection with at least two iterations of each event. Because Money In The Bank and Elimination Chamber have both taken place annually since 2010, they should satisfy the two different creative works requirement. Stated differently, WWE could submit evidence (e.g., promotional materials) from two or more annual events for each program to satisfy the requirement.
Had one of the applied-for-names been used in connection with the airing of a one-time event, the two different creative works requirement would not be satisfied.
An applicant could do one of the following depending on how many different creative works have been released in their series:
Two or more different creative works in the series: the applicant can file the application and attach proof of the multiple creative works in the series.
One or no creative works in the series: the applicant can file an application on an intent to use basis and file a statement of use after the applicant has two or more creative works in the series.
This requirement applies to a wide variety of creative works (e.g., book titles; music and film titles; television programming; etc.). If you are a creative person or brand owner with a series of creative works, I encourage you to discuss the issue of protecting your titles with a trademark attorney.
