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Earlier this month, Kris Jenner (of E’s Keeping Up With the Kardashians) filed a trademark application seeking protection for MOMAGER for use in connection with “entertainment services, namely, providing information in the fields of entertainment and pop culture” in International Class 41.
Jenner Communications Inc. already owns one federally registered trademark for MOMAGER. That registration covers “personal management services for celebrities” in International Class 35.
While Jenner’s first MOMAGER trademark application sailed through prosecution before the U.S. Patent and Trademark Office, the Class 41 application may encounter a hurdle as MOMAGER is already registered in Class 41 for “entertainment services, namely, providing on-going webisodes featuring a reality-based program via a global computer network” and “entertainment services in the nature of an on-going reality-based television program.” Momager, LLC, a New York company, owns that registration and produces a reality series documenting parents who also serve as their children’s talent managers.
Because the marks are identical (MOMAGER v. MOMAGER) and the services are at least arguably related (both offer types of “entertainment services” and are in Class 41), the PTO may issue a “likelihood of confusion” refusal to register Jenner’s application under Section 2(d) of the Lanham Act.
Whether the PTO will issue such a refusal and whether Jenner will overcome it remains to be seen.