[E-trademarks] Living person's consent when using a part of names

[Pamela Chestek]

A good illustration of this concept is yesterday's TTABlog report on 
whether "Buckeye" is a geographic identifier for Ohio. The examining 
attorney said yes but the TTAB said no. Make sure to read John's 
comment. 
http://thettablog.blogspot.com/2025/07/ttab-reverses-2e2-geographical.html

Pam

Pamela S. Chestek
Chestek Legal
PLEASE NOTE OUR NEW MAILING ADDRESS
4641 Post St.
Unit 4316
El Dorado Hills, CA 95762
+1 919-800-8033
pamela at chesteklegal
www.chesteklegal.com


On 7/3/2025 11:05 AM, Edward Timberlake via E-trademarks wrote:
> A mark formed from parts of the names of two different people doesn't 
> identify a living individual . . .  unless it does.
>
> Wouldn't the question be whether the parts of the names identify 
> living individuals in the minds of consumers?
>
> And, of course, we typically have no idea what's actually going on in 
> the minds of consumers.
>
> It seems to me the question is: 1) What do we think 2) the Trademark 
> Office will think 3) that consumers currently think when they 
> encounter the mark made from parts of two names?
>
> It's easy to say parts of names aren't names, but one could perhaps 
> imagine a situation (depending on the chefs, and the names, and . . . 
> everything) where a mark made from parts of two names might reasonably 
> be expected to identify two individuals in the minds of consumers.
>
>
>
>
> Sincerely,
>
> Ed Timberlake
> /Board Certified Specialist in Trademark Law 
> <https://www.nclawspecialists.gov/for-lawyers/certification-standard-summaries/trademark-law/>/
>
> *Timberlake Law* <http://timberlakelaw.com/>
> Chapel Hill, NC
>
> Schedule a call on Clarity <https://clarity.fm/edtimberlake>
> ed at timberlakelaw.com
> 919.960.1950
>
>
>
>
>
>
>
>
> On Thu, Jul 3, 2025 at 1:55 PM Orvis via E-trademarks 
> <e-trademarks at oppedahl-lists.com> wrote:
>
>     No, because a restaurant name formed from parts of two people's
>     names does not identify a living individual.
>
>     Jul 3, 2025 1:37:00 PM Dale Quisenberry via E-trademarks
>     <e-trademarks at oppedahl-lists.com>:
>
>         My initial reaction is no, but curious to know if there is any
>         rule or case on this that others may know about.
>
>         C. Dale Quisenberry
>
>         Quisenberry Law PLLC
>
>         13910 Champion Forest Drive, Suite 203
>
>         Houston, Texas 77069
>
>         (832) 680.5000 (office)
>
>         (832) 680.1000 (mobile)
>
>         (832) 680.5555 (facsimile)
>
>         www.quisenberrylaw.com <http://www.quisenberrylaw.com>
>
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>
>         *From: *E-trademarks <e-trademarks-bounces at oppedahl-lists.com>
>         on behalf of Esther Lee via E-trademarks
>         <e-trademarks at oppedahl-lists.com>
>         *Date: *Thursday, 3 July 2025 at 12:33 pm
>         *To: *e-trademarks at oppedahl-lists.com
>         <e-trademarks at oppedahl-lists.com>
>         *Cc: *Esther Lee <estherdahyunlee at gmail.com>
>         *Subject: *[E-trademarks] Living person's consent when using a
>         part of names
>
>         A restaurant name was formed by taking one to two syllables
>         from two chefs' names, as stated on the website. If a
>         restaurant owner wants to trademark the business name, does he
>         need to include written consent from the two chefs in the
>         application?
>
>         Esther
>
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>
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