The U.S. Patent and Trademark Office has refused WWE’s second attempt to trademark “RKO,” Randy Orton’s finishing move, for wrestling performances.
In a nonfinal office action issued November 3, the examining attorney refused the application because of a likelihood of confusion with six registrations owned by RKO Pictures, Inc., the classic Hollywood movie studio. The cited marks are RKO Pictures and design, RKO in typed form, and RKO Stage and design.
“Applicant’s and registrant’s marks all share the sole or dominant literal element ‘RKO,'” the examining attorney wrote. “One of registrant’s marks is in typed form and is identical to applicant’s mark.”
WWE filed the application on July 6 for wrestling exhibitions and performances on TV, radio and online, and for providing wrestling news and information online. The examining attorney found those services closely related to RKO Pictures’ film, television and multimedia production services and its entertainment information website.
The office also asked WWE to explain whether the letters “RKO” have any significance in the wrestling industry, or are a term of art in the business.
The refusal is not final. WWE has until February 3, 2027, to respond with arguments and evidence, and can pay for a three-month extension.
WWE’s first application for “RKO” in the same category was rejected for the same reason. WWE already holds active “RKO” trademarks covering merchandise, which fall under a different category than the one it is seeking for wrestling performances.
