There have
been a lot of reports that Jets Quarterback/Fullback/Running Back Tim Tebow has
registered the trademarks TEBOWING and TIM TEBOW.
The
reports are saying that Tebow has secured trademark registrations or that his
trademarks have been “approved”.
However,
this is not right. Tebow has not secured a trademark registration for TEBOWING
or TIM TEBOW.
He’s only
filed trademark applications for the marks and those applications haven’t
matured to registration. Once he gets a trademark registration for the mark, he
will have TEBOWING and TIM TEBOW trademarked
in the traditional sense.
Side note –
you can actually have a trademark even if you don’t have a trademark
registration. How? You get trademark rights simply by using a mark in the marketplace.
Those special rights are called common law trademark rights. Problem with those
rights is that they are limited. The goal is always to get a trademark
registration. Once you get it, your mark is a heck of a lot stronger. Ok let’s
move on.
But His Marks Were “Approved”
Yes his
applications have been approved. But that is just one step in the registration
process – and is by no means the end. The next step in the application process
is called opposition, where any third party can object to his applications.
After that
– and most importantly – the next step will be Tebow showing he’s used his
marks in the trademark sense. That means using it in association with the sale
of stuff. Until he has sales, he won’t get trademark registrations. That could
be a while.
Wait – Hasn’t Tebow Used The Marks?
His
trademark applications were all filed on intent to use in the U.S. What does
that mean? At the time the applications were filed, Tebow did not have use of
the marks TEBOWING and TIM TEBOW.
And it
looks like he hasn’t started to use TEBOWING and TIM TEBOW as marks.
You’re
right that both TEBOWING and TIM TEBOW have been used a lot. But here’s the
thing: there is a difference between
using something generally and using it as a trademark. Trademark use means that
Tebow is, for example, slapping the marks on goods and selling them. So you
need 2 things to have trademark use: (1) Tebow selling the stuff, and (2) an
economic component to the use.
So when
you see “Tebowing” in headlines or Tebow talking about Tebowing that’s not
going to be trademark use. To get elevated to trademark use, you need to have
that economic component.
Why does
that matter? In order to acquire enforceable trademark rights, you need to use
the mark as a mark. If you don’t use the mark generally you can’t get the mark
or enforce it against people trying to rip you off. So even though we’ve heard
TEBOWING used a lot, that doesn’t give Tebow any trademark rights.
What Are Tebow’s Trademarks
Tebow has
applied for a bunch of trademarks. Well, technically it’s not him but a company
called XV Enterprises LLC. In all, Tebow has applied for 13 trademarks: six for
TIM TEBOW and 7 for TEBOWING.
Here’s a
snapshot from the U.S. trademark office called the USPTO:
So Tebow
has filed trademark applications for the marks TEBOW and TEBOWING (at trademark
law trademarks are put in upper caps – so I’m not screaming these marks at
you). There are multiple applications for the same mark because they cover
different good and services. For example, one application covers clothing and
another application for the same mark covers watches.
So How Does Tebow Get His Trademark
Registrations
His 13
trademark applications as still pending and haven’t hit registration. In order
to get them to registration, he will need to show that he has used the marks in
a commercial sense; that he’s selling stuff with the mark on it. Until then, he
won’t get his trademark registrations.
It’s Ripoff Time
There have
been a lot of people that have tried to capitalize on Tebow’s fame by way of
filing trademark applications. Here are some of the marks that have been filed
by people that are not Tebow: IT’S TEBOW TIME, TEBOW TOWEL, TEBOW NATION, THERE
IS NO I IN TEBOW, WHAT WOULD TEBOW DO, LORD & TEBOW and TEBOW TIME.
Some of
these applications have gone abandoned. No doubt that Tebow’s legal team has
issued cease and desist letters. The U.S. trademarks office has also said no to
some of these applications on the basis that they falsely suggest a connection
to Tim Tebow. Since Tebow didn’t file those applications, they were blocked.
Personality Rights: Another Way To Stop
Apart from
his trademark rights, Tebow can also protect his name by way of personality
rights. People have the right to control the commercial use of their name,
image, likeness, etc. So Tebow doesn’t just have to rely on trademark rights to
stop people from using his name.
Did Tebow Patent TEBOWING?
No. A
patent is not a trademark. Completely different. A patent refers to protecting
an invention and not the name of the invention.
Can People Still Say TEBOWING?
Yes.
Trademark rights prevent commercial use like selling shirts and hats. However,
people can still use it in a non-commercial way like in headlines or as part of
stories. As well, Chris Berman and Company can still use it on NFL Countdown.
Was It A Good Idea To Try And Get
Trademark Registrations For TEBOW
Yes – very
good idea. First it sends a message that there will be consequences for anyone
trying to profit off Tebow’s name.
Second,
assuming he gets his trademark registrations, he will be able to stop anyone
from using his marks or confusing marks. That’s going to be a real effective
tool.
The
trademarks though won’t help him get more playing time with the Jets. On that
front, he’ll just need to wait - or become a tight end.
