Can Gene Simmons trademark his horns gesture? Maybe — but then there’s the enforcement issue

Gene Simmons Devil's Horns

by: Nardine Saad

Gene Simmons of KISS is claiming ownership of the ubiquitous devil’s horns hand gesture he flashes in photos and in front of fans.

The rocker, nicknamed the Demon, filed an application with the U.S. Patent and Trademark Office Friday to assert himself as the owner of the the move, which is instantly recognizable to rock fans.

“The mark consists of a hand gesture with the index and small fingers extended upward and the thumb extended perpendicular,” the official application explains. Simmons’ legal team also included in the application a sketch of the gesture and a photograph of Simmons using it.

A trademark typically protects brand names and logos used on goods and services. For Simmons, those goods and services are “entertainment, namely, live performances by a musical artist; personal appearances by a musical artist.”

Per his signed declaration, he believes “no other person, firm, corporation or association has the right to use said mark in commerce, either in the identical form or in such near resemblance.” When applied or used by another person, Simmons claims, it would likely cause confusion or be deceiving.

The guitarist also claims the gesture was first used in commerce on Nov. 14, 1974, which corresponds to Kiss’ Hotter Than Hell tour.

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