In a move that just may prove prescient (and, perhaps, prurient as well), Victoria’s Secret Stores Brand Management, LLC, the business entity that controls the VICTORIA’S SECRET trademark portfolio, has filed an application for registration of its well-known brand name for use in the virtual world.
Just in time for Valentine’s Day, the company filed an application (Ser. No. 97257455) with the U.S. Patent and Trademark Office (the “PTO”) on an “intent to use basis” for registration of the VICTORIA’S SECRET word mark in International Classes 009, 035, and 041 describing the anticipated goods and services to be offered (presumably in The Metaverse) as:
IC 009. US 021 023 026 036 038. G & S: Downloadable virtual goods, namely, computer programs for the creation and trade of digital collectibles using blockchain-based consensus protocols and smart contracts, featuring information, photos, images, videos, recorded footage, highlights, and experiences in the field of fashion, clothing, fashion accessories, and style; downloadable digital media, namely, digital collectibles created with blockchain-based consensus protocols and smart contracts, in the nature of information, photos, images, videos, recorded footage, highlights, and experiences in the field of fashion, clothing, fashion accessories, and style
IC 035. US 100 101 102. G & S: Retail store services featuring virtual goods, namely, clothing, undergarments footwear, headwear, eyewear, bags, fashion accessories, photos, images, videos, and recorded footage for use in virtual environments and virtual fashion shows; online retail store services featuring virtual merchandise, namely, clothing, undergarments footwear, headwear, eyewear, bags, fashion accessories, photos, images, videos, and recorded footage for use in virtual environments and virtual fashion shows
IC 041. US 100 101 107. G & S: Entertainment services, namely, providing on-line, non-downloadable clothing, undergarments footwear, headwear, eyewear, bags, fashion accessories, photos, images, videos, and recorded footage for use in virtual environments and virtual fashion shows.
The PTO allows applicants to assert a claim to a trademark even when it is not presently being used IF the applicant can make a claim in good that it intends to use the trademark within six months of the filing date. Then, the applicant can either convert the registration to an active use registration by filing additional documents and paying additional fees or it can request a 6-month extension of the original “intent to use” period. The extension is allowed up to five times so an “intent to use” registration can last as long as three years.
WHY IT MATTERS. I’ve always suspected that the folks behind the VICTORIA’S SECRET brand knew something I did not, especially when it comes to picking out appropriate Valentine’s Day and birthday gifts for Mrs. Baker, but now it seems they also know a thing or two about human nature even when it comes to the virtual world of The Metaverse. And whether it is based on true business acumen and foresight or simply the fear of missing out, numerous other companies and famous brands have and will continue to do likewise.