Oprah Winfrey is reportedly trying to stake her claim to the exclusive right to the term “Aha Moment”.
On August 6, 2008, the insurance company Mutual of Omaha filed a trademark application with the United States Patent and Trademark Office for the slogan: OFFICAL SPONSOR OF THE AHA MOMENT. On December 15, 2008, the slogan was approved for publication and was published for opposition on January 7, 2009. When a trademark is “published for opposition” it gives the public an opportunity to challenge (or “oppose”) the registration of the mark by claiming superior rights to the trademark. On April 21, 2009, after no opposition was filed, a Notice of Allowance was issued by the United States Patent and Trademark Office, essentially giving Mutual of Omaha the green light on its trademark application.
According to a statement issued by Mutual of Omaha last week, on the same day that the Notice of Allowance was issued, Ms. Winfrey’s lawyers sent a “cease and desist” letter to Mutual of Omaha claiming that the slogan violates Ms. Winfrey’s rights to the slogan and demanding that Mutual of Omaha cease using it. It is unclear why Ms. Winfrey’s attorneys did not file an opposition with the trademark office or why they decided, instead, to send a cease and desist letter the day the Notice of Allowance was issued.
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