I am focusing all my posts this week on “non-traditional trademarks.” Sounds, shapes, colors, smells, and textures are fairly well known non-traditional trademarks. I recently discovered a new (to me) category of non-traditional trademarks: makeup.
The majority of registered makeup designs are owned by the band KISS and by one of its former members. And they have been registered for years, and for both goods – records, clothing and dolls – and services – live entertainment. And they are brilliant. The hallmark of a trademark is that it indicates the source of a product of service. The makeup designs of the KISS band members are well known and are indicators of the source of the products and services.
Here are some of the registrations (click images for USPTO records):
And KISS also has a great logo and slogan!
YOU WANTED THE BEST, YOU GOT THE BEST - Entertainment services, namely, live musical performances by a group
Apparently, KISS sued a photographer in 2010 who was selling a book of unauthorized photographs, and invoked many of the registered trademarks in the complaint:
As far as non-KISS makeup trademarks, there is an application is pending for the following makeup design, also used by a music performer from the band HEXA: