According to the application, Simmons first used the symbol as early as November 14, 1974.
To be fair, Simmons is only trying to trademark the gesture for "entertainment, namely, live performances by a musical artist; personal appearances by a musical artist", so the deaf are probably safe from having to pay a usage fee but what happens when some rocker throws the devil horns and, by accident, has his thumb partially out.
Speaking of hell, the hand gesture appears quite similar to what's known as the "Sign of the horns", a devil signal that, according to an entertaining entry from Wikipedia, dates back to the 5th Century BC founder of Buddhism.
John Lennon from the Beatles can also be seen in the album cover for Yellow Submarine. Apparently, horn-hands have a far more sinister meaning in Spain, Greece and Italy, where The New York Post reports that the so-called "corna" signal has implied that a spouse is cheating for literally thousands of years.
You can find Simmons' application here.
Causing even more confusion, the gesture also means "I love you" in sign language and was most famously used by former President George W. Bush as the "Hook 'Em Horns" hand sign for the University of Texas - a habit which once reportedly confused one Norwegian audience who mistook it for a salute to Satan.
No matter what happens for Simmons, we guarantee nobody will ever be able to trademark a handshake.