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Kentucky Colonel™ (Trademark)

The Kentucky Colonel™ (title as a trademark) belongs to the recipient of the Kentucky Colonel Commission that is using it in association with their name, personal identity, as a moniker, for their invention, a recipe, as an author, as their brand, with a product or with a business to represent their connection to the Commonwealth of Kentucky as a colonel for their personal gain and honorable reward. Colonel Sanders did it and all colonels in the world should! There are many benefits to using the Kentucky Colonel Title Mark.

In common-law there is no requirement to use the (TM) symbol, likewise use of the symbol is not prohibited despite what a lawyer might say or threaten you with. There is a law that states that Kentucky colonels cannot use the ® or © symbols particularly "Kentucky Colonel ®" because that would suggest representing one of the Arbitrary, Suggestive, Fanciful or Artistic and otherwise unrelated non-descriptive and non/generic uses of the 'term' that must have been registered in the US Patent and Trademark Office that do not refer to Kentucky or Colonels. There are also laws and rules trademark examiners must follow so Trademarks that are too descriptive or generic cannot be registered, sometimes cancelled, certain non-commercial and commercial marks are permitted to remain without strong protection against descriptive or generic use by others which is always considered fair-use under statutory law.

In a letter from a USPTO official in 2020 it was summed up well, the appeal examiner said, "Use of the (R) Symbol suggests registered "unofficial" use of the title "Kentucky Colonel" for use in trade to represent an unrelated idea or creation of a product such as a "Whiskey Brand" or a "Clothing Line", while use of the (TM) Symbol represents the "Official and Unregistered" or common-law use as a Title, Trade Name or for Publishing."

Using the Honorable Title Mark or Trademark Symbol

Under US Law, by adding the Trademark Symbol you are making an assertive statement that your use of the Mark is being protected as your "Intellectual Property" under common-law legal doctrines of the Commonwealth and the United States. Using the (TM) Symbol, the written word "Trademark" or "Title Mark" must be "self-officiated" in order to have a legal effect. Use of the (TM) Symbol is also a notification to consumers and the public that you have taken out state or federal protections of a word or your name in combination with the Kentucky Colonel Mark as a public figure. The (TM) Symbol for a Kentucky Colonel is a Title Mark (entitlement) and should only be used to protect your commercial or non-commercial trade and professional publishing works. Letters patent (not a license) is a most powerful legal document with many implied rights that precede in law over companies, patents and copyrights as intellectual property of the holder.

Examples of Official Title Mark and Trademark Use: Kentucky Colonel™

Personal and Commercial Use: For a Proper Name Recognition to be professionally employed by the owner of the Title Mark is to clearly identify that you are using the Kentucky Colonel Title for commerce, fundraising or trade within the territory that you are advertising, marketing, promoting or publishing your name in combination with the title to impress your identity for the purpose of recognition this is accomplished using TM written in capital superscript following the actual title, it expresses originality.

Hon. John D. Smith, Kentucky Colonel™
Col. J.D. Smith Bourbon, Kentucky Colonel™
© 2022 - John D. Smith, Kentucky Colonel™
California Colonels Club, Kentucky Colonel™

Examples of Alternative Service Mark Use: Kentucky Colonel ℠

The term Kentucky Colonel appears on literally hundreds of products in Americana starting with Bourbon and Tobacco before 1850. The term was used in commerce for hemp production and agriculture as early as 1840 by Col. Cassius Clay of Whitehall who later provided the Berea College property grant. The Kentucky Colonel has a rich history as a title and in its use to demonstrate authority, power and influence as an officer of the state and territory. Another official use of the Title Mark is to use the (SM) Symbol to designate that you provide services as opposed to a product, event or other activity. This would be especially appropriate for an attorney, engineer or public figure that wants people to know that they are a Kentucky Colonel ℠ or to let other colonels know they are official colonels, not the fictitious variety.

Law Office of Smith and Smith, Kentucky Colonel ℠
Hon. John D. Smith, Attorney at Law, Kentucky Colonel ℠
Eng. John D. Smith, Architect, Kentucky Colonel ℠
DJ Smith, Bigshot, Kentucky Colonel ℠ (not recommended but correct)

Precautionary Notes

As a Kentucky Colonel that has been recognized by the Commonwealth of Kentucky it is not appropriate to use the (TM) Title Mark or Trademark to suggest an association with anything arbitrary, fanciful or creative when it is not factually associated with with your claim or name identity. For all intents and purposes the use of the (TM) Symbol is also making a clear statement that you are independently bestowed the Honorable Title by one of the great governors of Kentucky, and demonstrates your rights to the Title.

It is not appropriate to use the symbol to intentionally create or cause confusion or deceive anyone to believe that your honorary sovereign authority use is related, associated or endorsed by any organization or group beyond the realm of your own personal reach and dominion of exercising your privileges and responsibilities. A Kentucky Colonel that uses the self-administered TM or SM symbols are making an additional declaratory statement that they are not the "KENTUCKY COLONELS ®", a legal member of the organization or voluntarily form part of the Honorable Order of Kentucky Colonels because they represent a registered trademark proprietary narrative (pseudohistory) based on fiction that belongs to them.

References

International Trademark Association Trademark, Service Mark and Registration Mark
US Patent and Trademark Office What is a Trademark?

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