Gene Simmons seeks trademark for use of hand gesture by musicians

Jason Whong//June 14, 2017

//June 14, 2017

Musician Dave Grohl, left, stands with Gene Simmons in this undated photo attached as a specimen to Simmons' application to trademark the gesture he is making in the photo. It is described in the application as "a picture of applicant showing use of the mark in connection with the services." (U.S. Patent and Trademark Office) — Musician Dave Grohl, left, stands with Gene Simmons in this undated photo attached as a specimen to Simmons’ application to trademark the gesture he is making in the photo. It is described in the application as ” a picture of applicant showing use of the mark in connection with the services.”
(U.S. Patent and Trademark Office)

This drawing accompanies Gene Simmons' application for a trademark on the gesture depicted. (U.S. Patent and Trademark Office) — This drawing accompanies Gene Simmons’ application for a trademark on the gesture depicted. (U.S. Patent and Trademark Office)

The lead singer of Kiss wants a trademark on musicians’ use of a popular hand gesture.

Gene Simmons’ trademark application for the gesture with the U.S. Patent and Trademark Office is for its use as a mark in entertainment: “namely, live performances by a musical artist; personal appearances by a musical artist.”

The Hollywood Reporter reported the application Wednesday and noted that “an examiner would consider the likelihood of confusion and, possibly, whether it’s too generic to be associated with Simmons,” using the cover of the Beatles’ Yellow Submarine / Eleanor Rigby as an example of a similar gesture used in music.

Included in the application as a specimen is a photo of Simmons making the gesture with musician Dave Grohl, as well as a drawing of the hand gesture, which Simmons says was first used anywhere at least as early as Nov. 14, 1974.

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