[E-trademarks] Name of a living individual

[Charles B. Kramer]

I have a client who bought an apparel company who's trademark is the name of the company's founder -- let's say "Bernie Johnberg."

As you all probably know, the key asset of an apparel company *is* the trademark (because the clothing designs change from year to year).  So... the purchase of the apparel company (in which I was not involved) naturally included the company's many registered trademarks: "Bernie Johnberg" for hats, "Bernie Johnberg" for skirts and so on.

I have since filed several trademark applications: "Bernie Johnberg" for belts, "Bernie Johnberg" for slacks, etc. which succeeded without a hitch. I took care in the applications to enumerate all the applicant's prior registrations, and to recite the fact they have a long history.

NOW the most recent application bounced because it failed to contain a written consent to use the name. Oh, oh... The current company has totally new owners, and has no reason to be in contact with the founder.

QUESTIONS

#1. Isn't the answer the consent was obtained years ago, and is of record, in the earlier registrations? 

#2. The previous registrations involve apparel. The new applications are a little broader -- hairpins, for example. Luggage. Same answer as #1?

Thanks for any responses!

 - Charles


===========================================
Charles B. Kramer, Esq. ~ ATTORNEY ~
Linkedin: www.linkedin.com/in/charleskramer
   Tel: +1 917-512-2721
 Email: charles.b.kramer at gmail.com <<<<<<<< to respond directly
  Mail: 200 E. 10th Street, No. 816, New York, NY 10003
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