Legal Issues With Sin Cara

Posted by Brad Davis July 17, 2011 1 Comment

Source: Pwinsider

Last February, WWE applied to register the name “Sin Cara,” but one month later, the USPTO replied to them with the following message: “Applicant must clarify whether the name or signature in the applied-for mark identifies a particular living individual. Written consent is required for registration of a name, including a pseudonym, stage name or nickname, or signature, if the name or signature identifies a specific living individual.” They also showed that an article from another web site mentioned Sin Cara being the stage name for a wrestler.

In June, WWE responded with, “The name(s), portrait(s), and/or signature(s) shown in the mark does not identify a particular living individual. The mark represents a stage name that is owned by Applicant.”

Earlier this week, the USPTO wrote back and said their response was “unacceptable.” “In applicant’s response, applicant submitted a statement that the mark does not identify a living individual; however, applicant also submitted a statement that the mark represents applicant’s stage name. This admission requires a consent statement for the stage name.”

This means WWE needs to provide written consent from Sin Cara that authorizes them to register the name as a trademark. As of now, the application has been given a “Final Refusal” status. This means WWE has six months to either appeal the decision or send in a response that takes care of all requirements. If there is no response within six months, the application will be abandoned.

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