Many athletes have high recognizable names. For this reason, an athlete might want to trademark their name to ensure that nobody else can profit from their likeness.
How does one go about completing this process? And, is it even possible? The short answer is yes, athletes can trademark their name. Names of people, companies as well as business logos and symbols can all be trademarked. But, it can be a complicated process and isn’t always guaranteed.
The most important factor when it comes to athletes trying to trademark their name is that a person’s name “distinctive.” For example, Cleveland Browns’ linebacker Barkevious Mingo would probably run into little resistance if he tried to trademark his name. However, Tampa Bay Buccaneers’ running back Michael Smith could have trouble, as there are millions of Americans with the same name.
But before anything else, people need to visit the US Patent and Trademark Office’s website (www.uspto.gov) to ensure a previous trademark hasn’t already been awarded. The USPTO reserves the right to decline any trademark request. The most common reasons for denial include:
The mark is likely to cause confusion with another in a registration or prior application;
The mark is a geographic term;
The mark is a surname;
The mark is ornamental as applied to the goods.
One of the most prominent athletes to have a trademark on his or her name is Michael Jordan. The former basketball player has a trademark on “Jordan” for his extremely popular clothing and shoe line through Nike. Tiger Woods is another major athlete with his name trademarked, as he also he apparel and shoes with Nike.
Prior to submitting an application for a trademark, athletes might want to seek out the advice from the Scarinci Hollenbeck attorney with whom you work to ensure the process goes smoothly.
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