USPTO Denies Cody’s Request to Reconsider Bash At The Beach Trademark Refusal

Cody’s request to trademark Bash at the Beach has been hit with another hurdle as the USPTO denied his request to reconsider. The Patent and Trademark Office has issued a denial of Cody’s request to reconsider the refusal for his trademark filing.

The initial trademark filing was refused because there was a high chance of confusing it with WWE’s trademark on “The Bash.” Cody filed asking for reconsideration. The record notes that the reconsideration request was denied on July 21st for the following reason:

The trademark examining attorney has carefully reviewed applicant’s request and determined the request did not: (1) raise a new issue, (2) resolve all the outstanding issue(s), (3) provide any new or compelling evidence with regard to the outstanding issue(s), or (4) present analysis and arguments that were persuasive or shed new light on the outstanding issue(s).

The applicant’s arguments with regard to other terms such as “FIGHT”, “ROCK”, and “STAR” being used by multiple entities is unconvincing for a number of reasons. Each term has several uses with several owners in different fields. The term “BASH” has one registrant for wrestling-related services in International Class 41, World Wrestling Entertainment, Inc. The services in question are identical in part. Finally, the applicant’s mark simply adds a venue to the registrant’s mark.

Please find Internet evidence attached showing applicant’s knowledge of an old mark owned by World Championship Wrestling, Inc. for BASH AT THE BEACH. Regardless of applicant’s knowledge of possible confusion between the now-expired registration, the likely confusion between the registrant’s mark, THE BASH, and the applicant’s mark, BASH AT THE BEACH, remains a sound basis for refusal under Section 2(d) where the formative portions of the mark and the services are identical in part.