According to the Reporter, David Collier, the trademark examiner, wrote that the design that was submitted by Perry's team "identifies only a particular character; it does not function as a service mark to identify and distinguish applicant's services from those of others and to indicate the source of applicant's services."

In other words, he doesn't believe that the general public would look at the character, as submitted, and think of Katy Perry's Super Bowl performance. Perhaps he isn't on Twitter.