Non-traditional trademarks: Makeup used by KISS band members

I am focusing all my posts this week on “non-traditional trademarks.” Sounds, shapes, colors, smells, and textures are fairly well known non-traditional trademarks. I recently discovered a new (to me) category of non-traditional trademarks: makeup.

The majority of registered makeup designs are owned by the band KISS and by one of its former members. And they have been registered for years, and for both goods – records, clothing and dolls – and services – live entertainment. And they are brilliant. The hallmark of a trademark is that it indicates the source of a product of service. The makeup designs of the KISS band members are well known and are indicators of the source of the products and services.

Here are some of the registrations (click images for USPTO records):

– ENTERTAINMENT SERVICES RENDERED BY A VOCAL AND INSTRUMENTAL MUSIC GROUP

– TOYS, NAMELY, ACTION FIGURES, DOLLS AND MODELED PLASTIC TOY FIGURINES

– clothing namely, shirts, T-shirts, jackets, and caps

– clothing namely, shirts, T-shirts, jackets and caps

– clothing namely, shirts, T-shirts, jackets, and caps

– toys, namely action figures, and dolls

– Toys, namely action figures, and dolls

– sound recordings featuring music; sound and video recordings featuring music and musical performances

And KISS also has a great logo and slogan!

– MUSICAL ENTERTAINMENT SERVICES RENDERED BY A GROUP

YOU WANTED THE BEST, YOU GOT THE BEST – Entertainment services, namely, live musical performances by a group

Apparently, KISS sued a photographer in 2010 who was selling a book of unauthorized photographs, and invoked many of the registered trademarks in the complaint:

Fight over Kiss photos gets messy (Associated Press)

As far as non-KISS makeup trademarks, there is an application is pending for the following makeup design, also used by a music performer from the band HEXA: