Simmons.Kiss_.2015-800x534.jpg

Simmons says he first used the longtime rock symbol “in commerce” in 1975.

Gene Simmons, longtime frontman for the rock band Kiss, wants a hand gesture that has been used by rock 'n' roll fans for decades to be his personal trademark.

Simmons filed an application at the US Patent and Trademark Office, seeking to trademark his symbol, at right, for the commercial category of "live performances by a musical artist" and "personal appearances by a musical artist." The application was filed on June 9 and first reported by Law360 on Wednesday.

"The mark consists of a hand gesture with the index and small fingers extended upward and the thumb extended perpendicular," states the application. Under "First use in commerce," Simmons claims that he used the symbol on November 14, 1974. This was in the middle of the band's "Hotter than Hell" tour, promoting Kiss' second album, according to Wikipedia.

The application has started to get some press now, and it's going to face a few problems, to put it mildly. There's evidence that other rock bands used the same symbol or something very similar, including on a Beatles album in 1966 and a 1969 album by psychedelic band Coven, both noted by The Washington Post. And Black Sabbath's Ronnie James Dio is often credited with popularizing the symbol for use in rock concerts, even if (as he acknowledges) he wasn't the first to use it.

The symbol also has uses outside of music. It's close to the symbol for love in American Sign Language, which features the thumb extended, as it is on Simmons' application. And a version of the horns with the thumb wrapped around the curled fingers is the same as the "Hook 'em Horns" symbol used by the University of Texas to celebrate its mascot, the Longhorns.

The application, which bears serial number 87482739, can't be linked directly but can be searched on the USPTO website.

The Gene Simmons Company filed a few other interesting trademark applications around the same time, including "IMOGUL" and "GENE SIMMONS MOGUL" for "providing a website featuring information in the fields of entertainment, music, popular culture, celebrities, politics, film, business, personal finance and lifestyles." Simmons also seeks to trademark the picture of a money bag for "Books in the field of entertainment, music and musical groups, entrepreneurship, and personal and financial improvement." In March, Simmons filed an application for "Motion Wealth Advisory" in the field of "financial advisory and consultancy services."

Everyone knows RJD started the devil horns! Gene Simmons is doing it differently anyways. The thumb is not not supposed to be pointed out.

Gene Simmons is a tool