This originates from someone who is a french national and is by law required to have proper legal counsel when applying for a trademark in America.
Furthermore the process takes months, and so everything they are doing is illegal.
1. Consent: The U.S. Patent and Trademark Office (USPTO) typically requires written consent from the individual whose name is being trademarked, especially if it's a well-known person or celebrity. Without this consent, the application is likely to be rejected.
2. Use in Commerce: The trademark must be used in commerce. This means it must be used in the sale of goods or services in a way that is publicly recognizable.
3. Likelihood of Confusion: The trademark must not cause confusion with existing trademarks. If the celebrity's name is already trademarked for similar goods or services, this could be a significant obstacle.
4. False Association: The trademark should not falsely suggest a connection with the celebrity. The USPTO is careful to avoid any trademark that might imply a false endorsement or association.
5. Intent to Use: If the trademark is not currently in use, the applicant must demonstrate a bona fide intent to use the name in commerce in the future.
Without consent from the celebrity, successfully obtaining and enforcing such a trademark would be extremely challenging and legally fraught.
On August 3rd, 2019, the United States Patent and Trademark Office implemented a rule requiring foreign companies and individuals domiciled outside of the United States to use a licensed U.S. attorney to file trademark applications, renewals, and almost any other document before the USPTO.
