Can You Trademark a Sports Team Name? | Secure Your Trademark (2024)

FAQs

Can You Trademark a Sports Team Name? | Secure Your Trademark? ›

In order to trademark a team name you must prove to the United States Patent and Trademark Office that the team name serves as an identifying feature of your services. This is typically a very straightforward process, as one of the classes that you can file for protection under specifically sports exhibitions.

In sports, trademarks can include team names, logos, slogans, and even individual athlete's names or nicknames associated with their public persona.

A trademark typically protects brand names and logos used on goods and services. A patent protects an invention. A copyright protects an original artistic or literary work.

To trademark a product name, you'll need to file a trademark application with the USPTO. The application will require you to provide information about your product, as well as the proposed mark.

The following things cannot be registered as trademarks: Deceptive Words, Names, Phrases, Slogans (they are misleading) Merely Descriptive Words (e.g., Best ice cream, Red car) Merely Decorative Features (they don't identify source)

In short: Yes, you can trademark a sports team name. "New York Yankees" is a registered trademark for a line of sports exhibitions. Sports team names often serve as the name of a business.

In addition, team trademarks should aim to be distinctive and should not be limited to generic descriptions of the sport or the place where the team is based. Although they may be registered and legally valid from an intellectual property perspective, team logos or names may, however, be socially unacceptable.

Trademark infringement is prosecuted under civil laws, and is not a criminal act. Instead, lawsuits over trademark infringement will usually require you to stop using the trademark, and you may have to return any profits made off of the infringing use, or pay money damages for the use of the trademark.

Although your business may have been the originator of the trademark, if the trademark was not officially registered, another company could obtain it for use in geographic areas outside your use, and essentially “steal” your trademark.

The US Patent and Trademark Office (USPTO) administers federal trademark registrations, and every trademark registration starts with a ten-year term. The trademark owner must renew the trademark registration every ten years to keep it in good standing.

How do I protect my trademark from infringement? ›

Trademarks are generally protected through registration, following an application filed with the national or regional intellectual property (IP) office. In some countries, trademark rights are also available through use.

The most common are: Likelihood of Confusion: The USPTO conducts a search for conflicting marks as part of the official examination of an application only after a trademark application is filed.

The best strategy is to think about trademarks from the very beginning—ideally, when you're choosing your business name and logo and forming your business entity. Your business name can form the core of your brand, and it can also create serious trademark issues.

A trademark typically protects brand names and logos used on goods and services. A copyright protects an original artistic or literary work. A patent protects an invention.

Use the legally required components in proper order.

Use the ™ or ® symbol at the end of a trademark. Two or more trademarks used together must always be distinguished from each other by using the ™ or ® symbols on both (or all) of the trademarks each time they are used.

The cheapest way to file for a trademark is simply to do it yourself. You can start by searching for the United States Patent and Trademark Office's State (USPTO) website. Then file out the online forms and pay their fees. The process will cost you 300usd.

According to U.S. Trademark Law, “the unauthorized use of a mark in commerce” is considered trademark infringement and can lead to legal action.

To get permission and avoid trademark infringement, write a letter to the trademark owner. Include a description of why you are asking and how the logo will be used. Third parties should never use someone else's logo without a licensed agreement, including program and corporate logos.

What Is Trademarked to the NFL? The NFL, and the teams that make up the league, hold exclusive rights to a variety of items, including logos, the names of companies, designs, and packaging used for products.