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James Rolfe loses trademark rights to Angry Video Game Nerd: The Movie


May 5, 2014
Rösti;174682815 said:
Though what they required in terms of proving ownership wasn't met, so I guess all parties could have acted better. There you have it anyway.

That was not the most important factor here. It was this:

Registration is refused because the applied-for mark, as used on the specimen of record (1) is used only as the title of a single creative work, namely, the title of a specific film; and (2) does not function as a trademark to indicate the source of applicant’s goods and to identify and distinguish them from others.

In this case, the submitted specimen shows the applied-for mark, ANGRY VIDEO GAME NERD: THE MOVIE, appearing as a title of a film on a web page. Such use will be perceived by others as indicating the title of the film and not as a source indicator for motion picture films. There is no evidence in the application record that applicant’s film is part of a series of works, nor are there specimens or evidence in the record otherwise showing proper trademark use of the applied-for mark for the identified goods.

The trademark would never have been allowed, because you can't register the title of a single movie as a trademark. Only the title of a series of movies can be registered.

They would have found this out if they went to any trademark lawyer to prepare the proof of ownership.