Robert Kirkman, creator of The Walking Dead, is finding it harder to take down people using his trademark than zombies these days. Despite ongoing legal battles at the Trademark Office, a person not related to the television show keeps trying to register trademarks for THE WALKING DEAD causing Kirkman a whole bunch of problems.

Robert Kirkman is the creator of The Walking Dead comic book and a producer of the hit AMC television show. In association with the comic he registered THE WALKING DEAD trademark in 2003. With the show’s popularity at an all time high and The Walking Dead merchandise flying off the shelves some people have seen this as a quick opportunity to make some money.

Enter Philip Theodorou. Theodorou started filing a bunch of trademark registration applications using the same exact THE WALKING DEAD mark. I cannot find any connection between Theodorou and The Walking Dead so his claim for ownership to the mark is suspect. Kirkman is currently opposing the registrations for Theodorou’s registrations to cover such goods as the following:

cigars,

t-shirts,

restaurant services,

cosmetics,

bottled water,

coffee, and

beverage glasses.

Kirkman, in opposing the registration of the marks, claims there is a high likelihood of confusion because the marks are exactly the same. If you saw THE WALKING DEAD trademark on a fine cigar, it is highly likely that you would think the cigar was endorsed by or affiliated with the television show. Theodorou is representing himself before the Trademark Office, not a good sign, and put in a short reply to the oppositions that sheds no light on why he claims ownership to the mark. Currently, discovery is going on between the parties in preparation for a trial on the above mentioned applications.

These legal problems haven’t slowed down the registration applications. Only last week, Philip Theodorou filed another trademark registration for the term THE WALKIND DEAD to cover candles and specifically scented candles because we all want our house to smell like rotting zombie flesh. Like the previous trademarks, this in an intent to use mark and the products have not yet been released and it is highly likely that they will never be released. The continued attempt to register new marks while the other oppositions are pending is not going to win favor with Kirkman. Kirkman will now have to fight this new registration as the battle for the mark continues before the Trademark Office.

