Indiana

I do not think Ms. Sulemen has yet used the term OCTOMOM as a trademark to identify the products/services listed in her application. It is interesting that the application contains a consent stating "The name(s), portrait(s), and/or signature(s) shown in the mark identifies Nadya Suleman, whose consent(s) to register is made of record." By including that consent, has Ms. Suleman just made her trademark battle more difficult? Why? Because she may have just filed information in which the trademark examiner could argue her use is somehow a surname, generic or descriptive????

Because the applications filed by Ms. Suleman and the company in Austin are intent to use, the priorty of filing goes to the first to file, which is not Ms. Suleman. This will be interesting to follow.