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by Alexandra Pollard | Photos by WENN

Tags: Katy Perry 

Katy Perry's application to trademark Left Shark design denied

The term Left Shark, however, is still up for grabs

 

Katy Perry Left Shark trademark application denied Photo: WENN

Katy Perry has been unsuccessful in an attempt to trademark the iconic Left Shark design from her recent Super Bowl Halftime show - but she may have more succes trademarking the name itself.

The singer performed at the iconic Halftime show of the Super Bowl back in February - and though she did a great job at lip-syncing, it was one of her backing dancer that stole the show. More specifically, one of the sharks that appeared during 'Teenage Dream', who seemed to completely forget the routine and just do his or her own thing instead.

Watch Katy Perry's Left Shark in action below

The shark has since become something of a meme, with copycat memorabilia popping up all over the place. 

As a result, the singer's team applied to trademark the costume to stop people from making money from non-licensed designs (including a man who was selling 3D-printed Left Shark figures). Sadly for them, trademark examiner David Collier denied the request.

Collier argued that the design "does not function as a service to identiy and distinguish applicant's services from those of others..." He also pointed out that the drawing submitted didn't match the actual Left Shark. Deep breath everyone:

"Specifically, the specimen displays the mark as a stylized depiction of a forward leaning shark in nearly a front profile with a portion of a dorsal fin, two pectoral fins and two legs and feet substituted for the caudal fin on the tail. The shark has five gills, a full mouth with teeth and round eyes with eyelids; however, the drawing displays the mark as a stylized depiction of an upright shark in full front profile with no dorsal fin, two full pectoral fins and two legs and feet; the shark has three gills and the sharks mouth appears without teeth; the shark also has oval eyes without eyelids."

The application to trademark the phrase Left Shark though, after details have been clarified, is looking like it'll be more successful. So entrepeneurs will be able to sell the shark's image, but they'll have to find a different name for it.

Below: Katy Perry brings the 2013 iTunes Festival to a close

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