"Before the Trademark Office allows this hand gesture to be registered - it perhaps wouldn't be unprecedented - an examiner would consider the likelihood of confusion and, possibly, whether it's too generic to be associated with Simmons".
THR points out that John Lennon had done similar hand gesture on the cover of the "Yellow Submarine/Eleanor Rigby" single by The Beatles. As The Hollywood Reporter notes, that date lines up with Kiss'Hotter Than Hell tour. Or just the fact that the "horns" hand gesture has always been associated with hard rock, most notably the late Ronnie James Dio of Black Sabbath. In case you don't know what we're talking about, here's the image submitted with the application. "Then again, maybe Simmons is saying 'I love you, ' but if so, those who use sign language might not love what he's doing". But if Simmons is succesful in his trademarking, the next question is how does it become enforced?