Gene Simmons is claiming that in November 1974 while KISS was on tour with their "Hotter Than Hell Tour" he made the symbol famous and used for commercial purposes.  But ASL - American Sign Language has been using that symbol since 1817.  Also when the Beatles released their "Yellow Submarine" album in 1966 John Lennon used the gesture on the cover.  So I don't really understand how he feels that he can trademark the symbol, but he has filed an application with the U.S. Patent and Trademark Office.  We will have to wait and see what happens!