Brand Protection Services
NIL Trademarks
Helping college athletes navigate the challenges of protecting their brands through trademark registrations.
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What is a trademark?
A trademark is a word, name, symbol, design, sound, or combination of all of those that identifies the source of the goods and/or services. Mere use of a mark, even without registration, can help you establish limited trademark rights, but a federal trademark registration takes your brand to a national level.
College athletes can utilize trademarks to take control of their brand and establish a valuable piece of intellectual property that can be licensed out beyond their collegiate career.
Trademark Importance
Name, Image, Likeness
The commercialization and monetization of a student athlete’s NIL has increased the importance of a proper trademark strategy being in place. By trademarking an athlete’s name, brand or logo, the student athlete is able to control how that mark is used.
trademark benefits
Benefits of NIL Trademarks
Registering your NIL trademark with the United States Patent and Trademark Office (USPTO) gives you nationwide rights to help battle counterfeits and fraud. These rights include the legal presumption of your ownership and exclusive right to use the mark nationwide, the right to use the ® symbol, the right to sue in federal court and more.
Hey, I’m Taso
Intellectual property law is confusing. Your lawyer shouldn’t be.
I make it a priority to explain the overall process and give you as much information as possible to help you make informed decisions on how to protect your brand for upcoming and potential NIL deals.
FAQ
Frequently Asked Questions
Please browse through some of the most commonly asked questions people have about trademarks.
When should I file a trademark application?
Getting the process started as early as possible will provide the most benefits. A trademark application can even be filed before you have started using the mark, as long as you have a bona fide intent to use it. This essentially allows you to reserve a mark for up to three years after allowance of the application by the USPTO.
How much does a trademark application cost?
Depending on the type of application you file, the current government filing fee is either $250 or $350 per class of goods/services. If you have multiple classes of goods and/or services within your application, the fees can start to add up, as each separate class requires an additional filing fee.
To receive a flat fee quote including legal fees, please contact me to schedule a consultation.
What can be trademarked?
A trademark is a word, name, symbol, design, sound, or combination of all of those that identifies the source of the goods and/or services.
College athletes can file trademarks for their names, nicknames, logos and slogans. It is a strategy that has been used by professional athletes for years to protect their brands.
Is my trademark guaranteed to register?
No.
The fact that a trademark application has been filed does not guarantee that it will register. Once submitted, the application is assigned to an Examining Attorney for review. The Examining Attorney will search the USPTO database of identical or similar marks in the same and similar classes to determine whether or not to allow your application. If all goes well during the Examining Attorney’s review, your application will continue on to a publication period, where anybody can oppose it if they feel they would be damaged by your registration. If there is no opposition, then it will continue on to allowance. An opposition can significantly delay you to the point where you might even consider abandoning the application. As you can see, there are a number of factors that come into play when applying for a trademark registration and having an attorney on your side to help you navigate the process can come in handy.
How long does the trademark process take?
The trademark application process can take anywhere from 10-12 months to multiple years, depending on if anything comes up during the review of your application.
Roughly 6 months after the application has been submitted, it gets assigned to an Examining Attorney at the USPTO. The Examining Attorney will review the application and search for previously filed applications and registrations that may be similar to yours. If there is an issue with the application, the Examining Attorney will issue an Office Action rejecting it, but you will have the opportunity to respond to it.
If there are no issues, or persuasive arguments were submitted changing the Examining Attorney’s mind, the trademark application would be approved for the next step, which is publication. This is a 30 day window where 3rd parties have the opportunity to challenge the mark if they feel they would be damaged by its registration.
Once the application clears the publication period with no oppositions, a trademark registration will issue a couple of months later.
How can I help?
IP Strategy
Before entering into any potential NIL deals, it is important to make sure you identify any valuable intellectual property you have that should be protected.
Lock Up Your Brand
Once identified, your intellectual property should be protected. We will prepare and file the necessary trademark applications with the United States Patent and Trademark Office to protect your brands.
Licensing
NIL agreements you have received should be thoroughly reviewed. We can review and break down the terms of the agreement so you can understand exactly what it is you will be signing.
Get in touch:
312.952.3085
