May the Fourth be with you!
Today, Star Wars fans rejoice as we greet each other with a cheery “May the Fourth be with you!” In case you’ve never heard of this, or seen social media light up with it every year, this is a play on the greeting “May the Force be with you” from the Star Wars series of movies (and books, and television shows, and cartoons, and video games, and more). I’m a Star Wars fan (you may have seen my post on Star Wars-related patents), so today is a day for a Star Wars shirt (I have more than several), for me and my family. And, as an IP fan, I was wondering about trademark registrations related to “May the Fourth”, and to Star Wars. Are there any, you ask? Oh yes.
Issued trademarks and pending trademark registration applications for “May the Fourth Be With You”
A search of the Federal registry indicates there are six registration applications related to the phrase “May the Fourth.” Four of those have been filed by Lucasfilm Ltd., and of those, one has been issued (that is, the trademark is registered) and three are pending with an intent-to-use status. The issued one (Serial Number 85312768) is for the phrase “MAY THE 4TH BE WITH YOU” to identify fan club and entertainment services, and was filed in 2011, first used in 2013 (on May 4th!), and issued in 2014. The three that are pending (Serial Numbers 86342063, 86342054, and 86342025) were all filed in July 2014, and are all for the phrase “MAY THE FOURTH BE WITH YOU” to identify, respectively, games, toys, and action figures; clothing, costumes, and accessories; and various printed items and art or writing supplies (I’ve summarized all three, as they each have been applied for to identify many goods). Wondering why Lucasfilm has applied to register these marks? There are many benefits to trademark registration.
Abandoned trademark registration applications for “May the Fourth Be With You”
There are two applications related to “May the Fourth” that have been abandoned. Serial Number 78195266 was for the phrase “MAY THE FOURTH BE WITH YOU!” to identify clothing, and was applied for by an individual in 2002, as an “intent to use” application. But it went abandoned in 2004, and now has the status DEAD (read more about what that means in my post on dead trademark registrations). Serial Number 74415413 was applied for in 1993, far before any of the others. It was for the phrase “MAY THE FOURTH BE WITH YOU”, also to identify clothing. It was applied for by a corporation, but was abandoned in 1995. Why?
Abandoned for non-use
Serial Number 78195266, the 2002 application, was abandoned because no Statement of Use or Extension Request was filed. With an intent-to-use application, after a registration is allowed, the applicant must file a Statement of Use to assert that the mark is now being used in commerce, or an Extension Request for six more months in which to start using the mark in commerce. The applicant here didn’t do either, so the trademark registration application went abandoned. It’s surprising that this application hadn’t already been Opposed by Lucasfilm.
Abandoned for default in an Opposition Proceeding
Serial Number 74415413 was published for Opposition on March 22, 1994 – all trademark registration applications are published, and anyone can oppose them, in a contested proceeding that is an administrative trial before the Trademark Trial and Appeal Board (TTAB). On May 3rd, 1995, Lucasfilm filed an opposition. Notice was sent to the applicant, who never responded, and in October 1995, the decision of the TTAB was finalized. While the filings aren’t available, it’s likely that Lucasfilm objected that allowing this applicant to use the mark would cause consumer confusion, and the applicant probably decided not to spend money fighting them. The only thing I wish is that Lucasfilm had waited one more day to file their opposition, so that it would have been on May 4th.
Other Star Wars trademarks
There are many more trademarks related to the Star Wars universe, both registered and unregistered. All of them are property (registered or not) of Lucasfilm, Disney, or their respective holders. This image was created using the Star Wars Crawl Creator. Check back soon for more fun related to their trademarks.
Do you have questions? Agree or disagree? I’d be glad to hear from you in the comments. Call me at 617-340-9295 or email me at my Contact Me page. Or, find me on Facebook, Twitter, Google+, LinkedIn, Google Local, or Avvo.
