Cody's Request For 'Bash At The Beach' Trademark Reconsideration Denied

Cody has run into some trouble with his "Bash at the Beach" trademark.

Cody filed for the trademark on March 18, 2019 and the trademark was initially refused as the USPTO claimed it was too similar in the context of wrestling to WWE's trademark on "The Bash."

On June 17, 2020, Cody's team requested the USPTO to reconsider, saying other related terms such as “Wrestling”, “Fight”, “Rock”, and “Star” shared multiple trademarks in the wrestling landscape, believing the same would apply to "Bash."

The argument said, "To deny registration of the mark because of a single common word lacks logic and flies in the face of innumerable trademarks on the register that co-exist and have been co-registered without any likelihood of confusion. For example: 1) There are 216 active registrations and applications in Class 041 that include the word WRESTLING; 2) There are 5 active registrations in Class 041 for wrestling-related services that include the word STAR; 3) There are 13 active registrations and applications in Class 041 for wrestling-related services that include the word FIGHT; 4) There are 8 active registrations and applications in Class 041 for wrestling-related services that include the word ROCK; This exemplary list ignores that there are many other marks with similar wordings in Class 041 unrelated to wrestling but related to one another that co-exist. Again, the USPTO regularly allows for co-existing trademark registrations with common words, and, like in this instance, there is no likelihood of confusion. As noted in the previous response, hereby incorporated by reference in its entirety, the marks are two words (THE BASH) and three words (BASH AT THE BEACH) with three words (of the five total) being different from one another. In this light, Applicant renews its position that there is no likelihood of confusion between the marks, and the instant mark should be passed to publication."

On July 21, 2020, the USPTO denied Cody's request for reconsideration with the following statement:

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.

The USPTO used a Forbes article with the headline "AEW Stars Claim WWE May Sue Them Over ‘Bash At The Beach’ Trademark" to show that Cody was aware of the prior WCW trademark.

Cody can now file an appeal with the Trademark Trial and Appeal Board or another request for reconsideration.

AEW used the Bash at the Beach tagline for a special episode of Dynamite on January 15.

You can view the full history of the trademark and relevant documents by clicking here.

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