Lots to talk about with this one, so please excuse me if I preach or ramble. Both main topics in this article are passions of mine. Hockey is my sport and clearly the Intellectual Property aspect is relevant to our clients, potential clients, and anyone building a brand. So, sports fans, enjoy the hockey-talk; All readers, enjoy the critique of IP procedures.
Keeping this as short and pointed as possible, please do a search!
In this case, hopefully the NHL will either have agreeable comrades that are willing to enter into a co-existence agreement or be able to argue the differences between professional vs non-professional (high school and/or collegiate) sport in response to the USPTO’s rejection of their application for a trademark.
The above considered, the NHL did potentially waste time and money applying for a trademark; something that could have easily been avoided had a search been conducted. Ultimately, at this stage, whatever they do or say will only weaken the registration they receive, if one is at all granted. Anything you say during prosecution of a trademark application can and will be used against you when you need to enforce that registration.
When you find a name you like, do yourself, your sanity, your potential brand, and your pocket a favor and consider having a search conducted. If nothing else, it will put you in better position for getting that Registered Trademark and potentially adding value to your Intellectual Property as an asset and a brand.
In case you had any question as to my allegiance – Let’s Go Rangers!!!
DISCLAIMER: The information contained in this article is for informational purposes only and is not legal advice or a substitute for obtaining legal advice from an attorney.
Law Office of Jason H. Rosenblum, PLLC © 2016 All rights reserved.