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.
When a Child Turns 18: The Gap in Your Family’s Estate Plan
Once a child turns 18, parents lose the automatic legal authority to make medical and financial decisions on their behalf, even if the child still lives at home or remains on the family’s insurance. Three documents close that gap: a durable power of attorney, a health care proxy or directive, and a HIPAA authorization. For […]
Business Mediation: An Overview and Practical Tips
Business mediation is a confidential, voluntary process in which a neutral third party helps companies negotiate a resolution to a commercial dispute without going to trial. Because working with a mediator is very different from litigating in the courtroom, it is important to understand how commercial mediation works, when it makes sense for your dispute, […]
Top 5 Causes Leading to Construction Defect Litigation
The five most common causes of construction defect litigation are design defects, substandard materials, workmanship defects, code violations, and subsurface defects. Because these flaws can compromise a building’s integrity, functionality, or safety, they frequently lead to disputes involving multiple parties and high financial stakes. Key takeaways: What is Construction Defect Litigation? Construction litigation is complex, […]
How to Protect Your New Jersey Business When Going through a Divorce
The most effective ways to protect your business in a divorce are put in place before one begins: a prenuptial or postnuptial agreement, clean separation of business and personal finances, and divorce contingencies built into your operating or buy-sell agreements. If divorce is already underway, the priorities shift to establishing how the business is classified […]
The most common franchise disputes involve breach of contract, franchise termination and non-renewal, intellectual property rights, territorial encroachment, royalty and fee payments, franchisor support obligations, and violations of state franchise laws such as the New Jersey Franchise Practices Act. Franchisors and franchisees can often resolve these conflicts by providing written notice detailing the dispute and […]
Reputational Risk and Legal Exposure: Why New Jersey Businesses Must Manage Them Together
New Jersey businesses must manage legal and reputational risk together because modern disputes play out on two fronts at once: the legal proceeding itself and the court of public opinion, where customers, employees, investors, and business partners often reach conclusions long before a judge or jury has had the opportunity to evaluate the facts. Success […]
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Sign up to get the latest from our attorneys!
Explore What Matters Most to You.
Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.
Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.
Let`s get in touch!
Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!
