American Idol Contestant Taylor Hicks' Trademark Phrase "SOUL PATROL" May Soon Be Owned By Someone Else

You may notice that after every song he performs, American Idol finalist Taylor Hicks chants the words, "Soul Patrol, Soul Patrol, Soul Patrol..." This would lead me to believe that he has some merchandise sales in mind. After all, he does receive somewhere in the neighborhood of 18 million votes every week. Somebody has got to be buying a t-shirt or two with this slogan on it. One google search will query a number of Taylor Hicks (official and unofficial) merchandise offerings available for online ordering. But who has taken actions to secure intellectual property in the form of a registered U.S. trademark?

A quick search of the U.S. Trademark databases reveals that at least two individuals have filed "intent to use" applications for the mark "SOUL PATROL": one in March 2006 and the other in April 2006. Both applications seek registration in International Class 25 for numerous clothing and merchandise items. We cannot confirm whether either individual is related to Mr. Hicks. You can be sure that neither individual may assign the application or registration until their applications are either converted to use applications or registered. If Mr. Hicks feels like he may be damaged by the registration of either mark, he may file an Opposition or a 90 day Request for an Extension of Time to Oppose either or both marks within 30 days following their publication date. However, I suspect that the Trademark Office will suspend the later filed application in view of the earlier filed application considering the fact that the marks are identical and the goods are essentially the same. This may lead to a delay in publication of either or both applications.