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WWE's "EVOLVE" trademark application refused

EVOLVE was purchased by WWE in July 2020.
EVOLVE was purchased by WWE in July 2020.
ANALYST
Modified 05 Sep 2020
News

It has been revealed that WWE's application to trademark the EVOLVE name has been refused by the United States Patent & Trademark Office.

WWE purchased EVOLVE back in July of 2020. However, according to Heel By Nature, WWE are currently having issues in the process of trademarking the promotion's name.

WWN Live owner Sal Hamaoui previously attempted to trademark the "EVOLVE" name in November 2019. However, the United States Patent & Trademark Office refused the "EVOLVE" trademark application as Hamaoui had attached improper documentation with the trademark application.

The United States Patent & Trademark Office gave the following notice to the initial trademark application in 2019:

"Registration is refused because the specimen does not show the applied-for mark in use in commerce in connection with any of the goods and/or services specified in the application."

WWE fails to trademark the "EVOLVE" name

WWN Live owner Sal Hamaoui did not respond to the notice from the United States Patent & Trademark Office. Therefore, the "EVOLVE" trademark application was subject to abandonment.

After purchasing EVOLVE in July, WWE filed a notice to revive the application to trademark the "EVOLVE" name on August 4, 2020. This involved changing the ownership of the application, transferring it to WWE.

However, the United States Patent & Trademark Office issued a notice to WWE on August 25, 2020, that the trademark application will not be able to proceed forward due to similarity with the "EF EVOLVED FIGHTS MIXED WRESTLING" trademark.

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The notice by the United States Patent & Trademark Office from August 25, 2020 reads as follows:

"Applicant seeks to register the mark EVOLVE with a design for entertainment services, namely, wrestling exhibits and performances by a professional wrestler and entertainer. The registered mark is EF EVOLVED FIGHTS MIXED WRESTLING with a design and disclaimer of FIGHTS and MIXED WRESTLING for providing a website featuring entertainment information in the field of adult entertainment. The registered mark is EF EVOLVED FIGHTS MIXED WRESTLING with a design and disclaimer of FIGHTS and MIXED WRESTLING. Applicant's mark is EVOLVE with a design. Although marks are compared in their entireties, one feature of a mark may be more significant or dominant in creating a commercial impression. Greater weight is often given to this dominant feature when determining whether marks are confusingly similar. Because consumers use the literal portions of marks to call for the services, word elements dominate over designs. Thus, EVOLVE is the dominant portion of the applied-for mark. Similarly, because disclaimed terms are less distinctive, non-descriptive/disclaimed terms dominate the recollection of consumers. Since EF merely reinforces EVOLVED FIGHTS, EVOLVED is the dominant portion of the registered mark. The dominant portions of the marks are very similar: EVOLVE versus EVOLVED. Applicant's services are entertainment services, namely, wrestling exhibits and performances by a professional wrestler and entertainer. The registered mark is for providing a website featuring entertainment information in the field of adult entertainment. The adult entertainment featured in the registered mark is MIXED WRESTLING, as evinced by the disclaimer of the wording. Applicant's wrestling exhibits and performances are provided not only by a professional wrestler, but by an "entertainer" who may potentially provide adult entertainment that is the subject of registrant's services. It is important to note that registrant's mixed wrestling is within the scope of applicant's wrestling exhibitions."

WWE will now have six months from August 25, when the notice was issued, to respond to the United States Patent & Trademark Office. WWE fans are now able to stream EVOLVE events on the WWE Network.

Published 01 Sep 2020, 05:48 IST
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