To:
`
`Subject:
`
`Sent:
`
`Sent As:
`
`Attachments:
`
`Erik M. Pelton & Associates, PLLC (uspto@tm4smallbiz.com)
`
`U.S. TRADEMARK APPLICATION NO. 87272487 - N/A
`
`2/26/2019 6:14:25 AM
`
`ECOM111@USPTO.GOV
`
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`
`UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)
`OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION
`
`*87272487*
`
`CLICK HERE TO RESPOND TO THIS
`LETTER:
`http://www.uspto.gov/trademarks/teas/response_forms.jsp
`
`VIEW YOUR APPLICATION FILE
`
`U.S. APPLICATION
`SERIAL NO.   87272487
`
`           
`
`MARK:
`
`CORRESPONDENT
`ADDRESS:
`  
`       ERIK M. PELTON &
`ASSOCIATES, PLLC
`  
`       ERIK M. PELTON &
`ASSOCIATES, PLLC
`         PO BOX 100637
`           ARLINGTON, VA
`22210
`    
`   
`APPLICANT: Erik M.
`Pelton & Associates,
`PLLC
`
`    
`
`CORRESPONDENT’S
`REFERENCE/DOCKET
`
`NO:       
`
`  N/A
`CORRESPONDENT E-
`
`MAIL ADDRESS:       
`
`uspto@tm4smallbiz.com
`
` 
` 
` 
` 
` 
` 
` 
`

`

`OFFICE ACTION
`
`STRICT DEADLINE TO RESPOND TO THIS LETTER
`TO AVOID ABANDONMENT OF APPLICANT’S TRADEMARK APPLICATION, THE USPTO MUST RECEIVE APPLICANT’S
`COMPLETE RESPONSE TO THIS LETTER WITHIN 6 MONTHS OF THE ISSUE/MAILING DATE BELOW.   A RESPONSE
`TRANSMITTED THROUGH THE TRADEMARK ELECTRONIC APPLICATION SYSTEM (TEAS) MUST BE RECEIVED BEFORE
`MIDNIGHT EASTERN TIME OF THE LAST DAY OF THE RESPONSE PERIOD.
`
`ISSUE/MAILING DATE: 2/26/2019
`
`THIS IS A FINAL ACTION.
`
`This letter corresponds with applicant’s response to office action submitted on December 22, 2018.   In that communication, applicant argued
`against the failure to function as a mark refusal.  The examining attorney has considered applicant’s arguments but is not persuaded at this time.  
`Thus, the refusal is being made FINAL for the reasons set out below.
`
`FINAL/FAILURE TO FUNCTION AS A MARK
`Registration is refused because the applied-for mark, as used on the specimen of record, does not function as a trademark to indicate the source of
`applicant’s goods and to identify and distinguish them from others.   Trademark Act Sections 1, 2, and 45, 15 U.S.C. §§1051-1052, 1127; see In
`re Phoseon Tech., Inc., 103 USPQ2d 1822, 1827-28 (TTAB 2012); In re Remington Prods., Inc., 3 USPQ2d 1714, 1715 (TTAB 1987); TMEP
`§§904.07(b); 1202 et seq.
`
`The applied-for mark, as shown on the specimen, does not function as a trademark because the placement of the lapel pin is very common and
`would not be perceived as source indicating for the services. Please see the attached and previously attached Internet evidence demonstrating that
`use of the lapel pins is very common.
`
`In addition, please see the attached Internet evidence showing that lapel pins are a fashion trend and a type of individual expression further
`demonstrating that consumers would not recognize the applicant’s mark as a source identifier.   Please note for example:
`
`https://www.gentlemansgazette.com/what-to-wear-as-a-lawyer/
`
`https://www.chicagolawyermagazine.com/elements/pages/print.aspx?printpath=/Archives/2013/03/26894&classname=tera.gn3article
`
`   https://www.pinterest.com/Lapel_Atelier/reviving-the-boutonniere-movement/?lp=true
`
`https://www.ties.com/blog/lapel-pins-101
`
`https://www.dmarge.com/2019/01/how-to-wear-lapel-pins.html
`
`Whether a designation functions as a mark depends on the commercial impression it makes on the relevant public; that is, whether purchasers
`would be likely to regard it as a source-indicator for the goods.  See In re Keep A Breast Found., 123 USPQ2d 1869, 1879 (TTAB 2017) (quoting
`In re Eagle Crest Inc., 96 USPQ2d 1227, 1229 (TTAB 2010)); TMEP §1202.  The specimen and any other relevant evidence of use is reviewed
`to determine whether an applied-for mark is being used as a trademark.  In re Bose Corp., 546 F.2d 893, 897, 192 USPQ 213, 216 (C.C.P.A.
`
`1976); In re Volvo Cars of N. Am., Inc., 46 USPQ2d 1455, 1459 (TTAB 1998).   
`
`Not every designation that appears on a product or its packaging functions as a trademark, even though it may have been adopted with the intent
`to do so.  See In re Peace Love World Live, LLC, 127 USPQ2d 1400, 1404 (TTAB 2018) (citing In re Pro-Line Corp., 28 USPQ2d 1141, 1142
`(TTAB 1993)).  A designation can only be registered when purchasers would be likely to regard it as a source-indicator for the goods.  See In re
`Manco, Inc., 24 USPQ2d 1938, 1941 (TTAB 1992) (citing In re Remington Prods. Inc., 3 USPQ2d 1714, 1715 (TTAB 1987)); TMEP §1202.  In
`this case, the mark, as used on applicant’s specimen fails to show that the public would perceive the applied-for mark as the source of
`
`  
` 
`  
`  
`  
`  
` 
`  
` 
` 
` 
` 
`  
`

`

`applicant’s services .  Further, none of the evidence that applicant has attached or referenced shows that the proposed mark would be perceived as
`the source of the services.
`
`In this case, the applied-for mark, as used on the specimen of record, does not function as a mark.  Thus, the refusal is made FINAL for the
`reasons set out above.
`
`PROPER RESPONSE TO A FINAL OFFICE ACTION
`Applicant must respond within six months of the date of issuance of this final Office action or the application will be abandoned.  15 U.S.C.
`§1062(b); 37 C.F.R. §2.65(a).  Applicant may respond by providing one or both of the following:
`
`(1)       
`
`(2)       
`
`a response filed using the Trademark Electronic Application System (TEAS) that fully satisfies all outstanding requirements
`and/or resolves all outstanding refusals; and/or
`
`an appeal to the Trademark Trial and Appeal Board filed using the Electronic System for Trademark Trials and Appeals (ESTTA)
`with the required filing fee of $200 per class.
`
`37 C.F.R. §2.63(b)(1)-(2); TMEP §714.04; see 37 C.F.R. §2.6(a)(18); TBMP ch. 1200.
`
`In certain rare circumstances, an applicant may respond by filing a petition to the Director pursuant to 37 C.F.R. §2.63(b)(2) to review procedural
`issues.  TMEP §714.04; see 37 C.F.R. §2.146(b); TBMP §1201.05; TMEP §1704 (explaining petitionable matters).  There is a fee required for
`filing a petition.  37 C.F.R. §2.6(a)(15).
`
`Please call or email the assigned trademark examining attorney with questions about this Office action.  
`
`/lindaorndorff/
`Examining Attorney
`Law Office 111
`(571)272-5496
`Linda.Orndorff@uspto.gov
`
`                                                                       
`
`     
`
`TEAS PLUS OR TEAS REDUCED FEE (TEAS RF) APPLICANTS – TO MAINTAIN LOWER FEE, ADDITIONAL
`REQUIREMENTS MUST BE MET, INCLUDING SUBMITTING DOCUMENTS ONLINE:  Applicants who filed their application online
`using the lower-fee TEAS Plus or TEAS RF application form must (1) file certain documents online using TEAS, including responses to Office
`actions (see TMEP §§819.02(b), 820.02(b) for a complete list of these documents); (2) maintain a valid e-mail correspondence address; and (3)
`agree to receive correspondence from the USPTO by e-mail throughout the prosecution of the application.  See 37 C.F.R. §§2.22(b), 2.23(b);
`TMEP §§819, 820.  TEAS Plus or TEAS RF applicants who do not meet these requirements must submit an additional processing fee of $125
`per class of goods and/or services.  37 C.F.R. §§2.6(a)(1)(v), 2.22(c), 2.23(c); TMEP §§819.04, 820.04.  However, in certain situations, TEAS
`Plus or TEAS RF applicants may respond to an Office action by authorizing an examiner’s amendment by telephone or e-mail without incurring
`
`this additional fee.    
`
`TO RESPOND TO THIS LETTER:   Go to http://www.uspto.gov/trademarks/teas/response_forms.jsp.   Please wait 48-72 hours from the
`issue/mailing date before using the Trademark Electronic Application System (TEAS), to allow for necessary system updates of the application. 
`For technical assistance with online forms, e-mail TEAS@uspto.gov.  For questions about the Office action itself, please contact the assigned
`trademark examining attorney.  E-mail communications will not be accepted as responses to Office actions; therefore, do not respond to
`this Office action by e-mail.
`
`All informal e-mail communications relevant to this application will be placed in the official application record.
`
`WHO MUST SIGN THE RESPONSE:  It must be personally signed by an individual applicant or someone with legal authority to bind an
`applicant (i.e., a corporate officer, a general partner, all joint applicants).  If an applicant is represented by an attorney, the attorney must sign the
`response. 
`
`  
`  
` 
` 
` 
` 
`  
` 
` 
`

`

`PERIODICALLY CHECK THE STATUS OF THE APPLICATION:   To ensure that applicant does not miss crucial deadlines or official
`notices, check the status of the application every three to four months using the Trademark Status and Document Retrieval (TSDR) system at
`http://tsdr.uspto.gov/.   Please keep a copy of the TSDR status screen.   If the status shows no change for more than six months, contact the
`Trademark Assistance Center by e-mail at TrademarkAssistanceCenter@uspto.gov or call 1-800-786-9199.   For more information on checking
`status, see http://www.uspto.gov/trademarks/process/status/.
`
`TO UPDATE CORRESPONDENCE/E-MAIL ADDRESS:  Use the TEAS form at http://www.uspto.gov/trademarks/teas/correspondence.jsp.
`
` 
` 
`  
`

`

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`Debate Questions and Answers
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`hUp§·/JJatimesbloa§ latime§ com/alllheragel2012/02loscm·2012-be§Hressed-mmindude-pl11mmer·firth-oldman
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`Q2/13/2QJ9CE"33"34 AM
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`Oscars 2012: Best-dressed men and
`Tom Hanks '6' lapel pin [Updated]
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`FEBRUARY 27. 2012 1 1_20 PM
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`Among the most memorable men (and amphibians) at last night's Academy Awards were a Brooks
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`

`hUp§·/JJatimesbloa§ latime§ com/alllheragel2012/02loscm·2012-be§Hressed-mmindude-pl11mmer·firth-oldman
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`Q2/13/2QJ9CE"33"34 AM
`
`Brothers-wearing Kermit the Frog; Colin Firth, who set the standard in Tom Ford•; and Christopher
`Plummer, who was twice a winner. Plummer won as supporting actor; the 82-year-old Captain Von
`Dapper's second "win" was when he took the stage in a midnight blue velvet tuxedo accented by a
`whimsical flower-petal lapel pin, proving that true style never has an expiration date. (And the
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`PHOTOS: Oscars 2012 Best-dressed men
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`Another standout was best actor nominee Gory Oldman, whom
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`week. First, it was at a star-studded dinner hosted by Vanity
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`English were on display. Smith, as we mentioned in December,
`served as a consultant to dirQclor Tomas Alfredson in the
`development stages of the film and helped him capture the
`mood and feel of 197os-era London. (The exhibition will remain
`up at the boutique at 82:2:1 Melrose Ave., LA., through March
`12.)
`
`And, although Oldman ultimately went home without an Oscar,
`he ranks near the top of our best-dressed men with his choice of a Paul Smith Bespoke tl.Lxedo, a three(cid:173)
`piece number in black mohair with a notch-lapel jacket with midnight blue contrast taping that was an
`exercise in George Smiley-worthy subtlety, and accented with a polka-dot pocket square.
`
`Speaking of numbers, Twitter was abuzz last night about the meaning of the metallic numeral 6 lapel
`t~~ C:~~
`pin Tom Hanks was wearing when he took the stage. "It was for the vetera2
`
`

`

`hUp§·/JJatimesbloa§ latime§ com/alllheragel2012/02loscm ·2012-be§Hressed-mmindude-pl11mmer·firth-oldman
`html
`Q2/13/2QJ9CE"33"34 AM
`
`we were informed by Hanks' publicist this morning, with no further
`explanation.
`
`Based on our parsing of military jargon, the term "I've got your 6" derives
`from pilots' use of clock points to describe directions. For example, if a
`plane is at your 12 o'clock, that would put it directly in front of you. If it's
`at your 6 o'clock, it's directly behind you, so someone who says they've
`"got your 6 o'clock" is essentially letting you know they've "got your
`back," i.e. they're looking out for you .
`
`.Although Hanks' camp hasn't provided any additional details as to the
`provenance of the pin -- or what veterans'- related group, cause or
`upcoming campaign it might be for -- there could hardly have been a
`higher-profile lapel top serve as its launchpad. That's why we feel pretty
`certain there will be all sorts of si.'{S popping up in can·t-miss locations
`before our curiosity is finally satisfied.
`
`And finally, while we don't like to focu5 on the negative, Sacha Baron Cohen'5 red carpet turn as hi5
`character from 'The Dictator" forced our hand. Before his dust-up with Ryan Seacrest (of which we
`heartily approved, by the way), he was asked who had made his suit. "John Galliano, but the socks are
`from Kmart," was the response, which not only wasn't funny in the least, it paled in comparison to
`some of the spur-of-the-moment descriptions and suggestions ("dictator chic" and the like) that were
`being floated around the Twitterverse.
`
`Frankly, given the perennial military influences in menswear, and the current range of strongman style
`he could choose from (Mahmoud Ahmadinejad's Members' Only jackets come to mind) relying on a
`box,,·, poorly tailored suit that looked like it came from a thrift store was simply phoning it in. (We can
`only guess that he was wearing an actual tu.-xedo underneath for a quick costume change, but we never
`saw evidence of that.)
`
`It should serve as a reminder that it doesn't really matter whether you're headed to the Academy Award
`red carpet as a nominee -- or simply to plu~ your movie (which, we don't mind -- there should be more
`
`

`

`hUp§·/JJatimesbloa§ latime§ com/alllheragel2012/02loscm·2012-be§Hressed-mmindude-pl11mmer·firth-oldman
`html
`Q2/13/2QJ9CE"33"34 AM
`
`,eu ~,pe, Cl:> Cl uvuuuee -- v, ::.uup,y ,v p1u.5 y vu.1 ,uvw,e lWun,u , w e uvu, uuuu. -- u.,e,e ::.uvu.,u ve u,v, e
`shameless plugs just to spice things up), your clothes - and your jokes -- should be exquisitely tailored.
`
`Anything else is inexcusable sloppiness.
`
`REIATED:
`
`Oscars 2012: On the red carpet, whit e gowns ruled
`
`Oscars 2012 : Berenice Bejo's natural makeup look
`
`Golden Globes 2012: Men of note included Downey, Gervais, Burrell
`
`-- Adam Tschorn
`
`·[Updated 2 /28 /2012 , 7:39 a.m.: In an earlier version of this post,the tuxedo worn by
`Colin Firth was incorrectly identified. It was a Tom Ford tuxedo, not Ermenegildo
`Zegna.J
`
`Photos: Top left, Colin and Livia Firth arrive at the 84th Academy Awards; credit: Al Seib / Los
`Angeles Times. Top right, Tom Hanks sporting a numeral 6 lapel pin that had social media abuzz
`wondering about its meaning; credit: AllenJ . .Schaben / Los Angeles 1'imes. Middle, c;hristopher
`Plummer in a midnight blue velvet tuxedo; credit: Allen J. Schaben / Los Angeles Times. Bottom,
`Gary Oldman with wife Alexandra Edenborough; credit: Wally Skalij / Los Angeles Times
`
`Comments
`
`

`

`HOME HEAL TH CELEBS HISTORY MOVIES
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`STYLE
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`10 Best Celebrity Lapel Pins
`
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`Celebrities are leaders of fashion in society. They set trends and show us how to wear our stuff right.
`
`Lapel pins have recently seen increased popularity among celebrities. Popular celebs have worn lapel
`
`pins for fashion, to complement their attires and to make statements. We delved into the top lapel pins
`
`Vincent Cassel's Wife Is 21 But
`He Doesn't Care
`
`for celebrities, and some of the celebs who are wearing them.
`
`1. Soaring American eagle pin
`
`Americans love their symbols. The soaring eagle depicted in American symbology stands for courage
`
`and power_ Having it on your lapel is a show of patriotism that does not go unnoticed. The powerful
`
`symbol is a perfect fit for celebrities to highlight positive nationalism. Soaring eagle pins come in a
`
`variety of designs and colors. They are also forged from different durable metals depending on the
`
`manufacturer_ Silver and gold colors work best for celebrities
`
`Remember Her? Take A Deep
`Breath Before You See What She
`Look$ Like Now
`
`2. Holiday pins
`
`Fashion holiday pins for celebrities add to their sophisticated look. They can be worn to celebrations
`
`and parties. They make great additions to costumes_ Every notable celebrity should have 3-4 of these
`
`I RECENT POSTS
`
`

`

`for different holidays. Popular holiday pins are Christmas pins, Halloween pins and Independence Day
`
`lapel pins. You can buy holiday pins both online and offline. You can also have a custom one from
`
`Vivi pins - ot o greot price ond your order hos no minimum quEintity pegged on it
`
`ii
`
`Ff.BRli.U.\ ' l?, : -OU
`
`Celebrities Photoshopped
`Next To Their Younger
`Selves
`
`Ard Gelinck is a photoshop master
`
`who became famous posting
`
`throwbacks pictures of celebrities
`next to their recent ones I hat made
`
`his viewers nostalgic, and some
`
`~· 1•
`
`A GUIDE TO DOING ANA L
`WliH YOUR BOYFRIEND
`
`iHE BACKGROUND OF
`FLIPPING VEGAS TV
`SHOW
`
`,~
`
`IT.BRL\JI.Yl:.:019
`
`~ i
`
`•
`
`HOW TO GET COVERED
`
`•
`
`•
`
`

`

`3. National Flag Lapel Pin
`
`Show your patriotism with a national flag lapel pin. These pins come in two maior designs; still flag and
`
`waving flag_ The resemblance of the pins to the national flag is so accurate_ The best national flag pins
`
`are those made using enamel. Make sure to get yours from a reliable manufacturer. National flag
`
`lapel pins are very neutral and can be worn to any occasion
`
`Variations of the national flag lapel pin are allowed. They are used to make statements about national
`
`issues. Various celebrities wore an orange American flag lapel pin to the 2018 Oscar awards. This was
`
`to stand in solidarity with victims of gun violence in the country. The lapel pins were a subtle, yet
`
`powertul voice calling for more to be done about the gun issue in America
`
`. · - - - · - - ·- ··--
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`f ood
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`Galleries
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`•
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`

`....
`
`4. Crown lapel pin
`
`Crown lape( pins are eleQant and very charming. They can come with tassels and can be worn as
`
`ladies' brooches. A crown lapel pin is best made using metal. It may not have too much lettering in it
`
`except where absolutely necessary. Celebrities wearing a crown lapel pin look attractive and stylish.
`
`The pins con be sofely worn to formol gatherings.
`
`5. Custom numbers lapel pins
`
`Also addressing gun violence were lapel pins worn to the 2018 ACM awards. Country music celebs
`
`wore custom lapel pins bearing the numbers 851, 1 and 58. This was in honor and memory of the Las
`
`Vegas music f~tival shooting that had occurred earlier. Celebrities seen wearing the la~I pins include
`
`Karen Fairchild and Tyler Hubbard. The numbers on the pins spoke for the 58 people who lost their
`
`lives and the 851 who sustained injuries in the shooting. The number 1 stood for the life that can be
`
`~c1vt:Rl lhrouyh tJ~ll~1 1.:or1v+Jr~,:1tio11 lt:Rl Uy celebrities
`
`, . ,
`
`f
`
`e
`
`/ . \ .···. \ .. ~
`' '
`'j
`· ~
`,
`
`:.
`
`'
`•.
`l
`
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`Health
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`Highlights
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`History
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`
`Home
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`l ove Your Self
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`Royals
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`Travel
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`Video
`
`6. Raised fist pin
`
`Protest is nothing new to celebrities. Many of them have been involved in protests, or produce content
`
`that is about protest. The Black Lives Matter movement has this black raised fist lapel pin. It can be
`
`worn by both male and female celebs. The raised fist on your lapel tells of your strong defiant stand. It
`
`is a symbol of resistance and solidarity. A raised fist lapel pin is also a great gift item
`
`7. Animal Lapel Pins
`
`Celebrities are known for their love of pets. Some even go for exotic pets and others have zoos. Your
`
`favorite animal can be featured on your lapel pin. You can also express your awareness about
`
`conservation with an animal lapel pin. In the 2018 Royal Wedding, Tom Hardy had an impressive
`
`tiger-head lapel pin. Hardy wore it proudly, and it looked good on him. It is very likely the pin
`
`contributed to his achievement as one of the most sharply dressed gentlemen at the wedding! Now, do
`
`you see what great lapel pins do for you?
`
`•
`
`

`

`•
`
`•
`
`soun;e:edition.cnn.com
`
`8. Custom Insect Lapel Pins
`
`This one owes its credit to ouess who ... lvanka Trump. The lady is known for her oreat wardrobe that
`
`we suspect she really invests in. She seems to have a love for lapel pins and has a collection of them.
`
`She once had on an American flag lapel pin. Recently however, she chose to have an insect right there
`
`on her topel. lvonkv wos sporting o bee lopel pin, ond it reolly motched her outfit. The pin vppeored
`
`largely metallic - maybe with some soft enamel on it.
`
`9. Peace sign lapel pin
`
`The two slightly apart index and middle fingers make the international peace s ign. They have found
`
`fhP.ir w;:iv into f;:ic;hion too ThP. OP.l'l<'.P. c;inn IAnAI nin ic; A nP.ulrAI nin th;:it v nu rnn wP..ir ;rnvwhP.rP. II
`
`

`

`meir way mto 1asnion 100. 1 ne peace sign 1ape1 pin 1s a neutral pin mat you can wear anywnere. n
`
`works well w ith any formal or informal gathering you may be attending. The pin is available in various
`
`colors to match with your attire for the day.
`
`10. Social Causes and Awareness pins
`
`Leading awareness and championing social causes is a favorite activity for celebrities. Some go a step
`
`further and get a lapel pin to do the talking for them_ Most notably, celebrities speaking out against
`
`sexual harassment and abuse ganged up at the Golden globe awards of 2018. They saw it fit to call
`
`attention to the #Me Too movement. A number of them wore the Times Up lapel pin to the awards
`
`ceremony. Most notable was Justin Timberfake all dolled up and looking fabulous with the pin on his
`
`lapel
`
`Justin n mberlake wearing a lapel pin
`
`•
`
`•
`
`

`

`11111111P'
`
`The military has been the most visible user of lapel pins. Over time, regular people have adopted the
`
`fashion accessory too. Celebrities have not been left out and are leading the way in great use of lapel
`
`pins. These 10 lapel pins for celebrities are small and comfortable to wear. They suit different
`
`occasions and tell unique stories about the person wearing them - and what they stand for. Whether
`
`you are a celebrity or not, spoil yourself today with one or two of these lapel pins and see the difference
`
`they bring to your fashion
`
`27 Beach Photos No
`Longer Socially
`Acceptable
`
`My Skin Tags Just
`Vanished Like That
`......_.,
`
`Vincent Cassel's W ife Is 21
`But He Doesn't Care
`f1nanceKancy
`
`•
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`Home » Celebs » 10 Best Celebrity Lapel Pins
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`About the Author: Danielle Granger
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`Dressed up or dressed down, Men's lapel pins are set to be the men's fashion thiS season. Keep your eyes open for new
`inspiration on how to wear yours.
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`Men's lapel pins
`
`When you add a tie p in to your suit, it Will make you look mature and g rovm up. This is the perfect~ to wear your tie
`and also make a professional look fOf you. This is also currently the latest fa<I. You wiH find al the celebrities have a tie pin
`
`cllKl :.IIOWUIT il l)IUUUtyl TI it! Srtli:III t l l<llll,:lt!S ill you1 tkrsd Will Odi nilety illll)IUVe yo u, IJe(SUlld li ty <l(Kl yuut !Jel t t:µllon or
`others. Stay pr