Understanding Linsanity: Trademarking a Name of Someone Famous

The recent phenomenon of Linsanity has put a spotlight on the issue of whether or not you can trademark a person’s name. If you do not know what we mean by Linsanity, just check out www.linsanity.com. Jeremy Lin is the latest NBA phenomenon with an amazing underdog story who, in February 2012, led an unexpected winning streak by the New York Knicks while being promoted to the starting lineup. His sudden rise has generated a global following known as Linsanity. (See http://en.wikipedia.org/wiki/Jeremy_Lin).

So what does Linsanity have to do with trademarking a name? In February 2012, as Lin’s notoriety was on the rise, no less than ten trademark registration applications were filed at the United States Patent & Trademark Office for the mark LINSANITY. How many of them who thought they were trademarking a name were Jeremy Lin? Just one!

Jeremy Lin filed his trademark registration application on February 13, 2012. (It was not a Friday.) Two others filed trademark applications for LINSANITY before Lin, and the other applicants filed their applications afterwards.  Some of the descriptions of goods include athletic uniforms, apparel for dancers, moisture-wicking sports shirts, scientific and technological apparel, women’s blouses, and eyeglasses. We are not sure what scientific and technological apparel is (lab coats?), but we’re pretty sure whoever filed this application knew about Jeremy Lin’s mode of Linsanity.

So will there be a challenge to trademarking a name for Lin? Probably not. The USPTO does not allow trademarking a name of another living person without their consent or trademarking a name that could suggest a false association with someone famous.  It doesn’t matter if it the exact name, a nickname, or some other name so long as the public would recognize and understand the mark as identifying the person.

This issue come up every four years when we elect a new President of the United States. For example, over 175 U.S. trademark applications were filed for marks including Barack Obama’s name in one form or another.  Most of them have gone abandoned. So in Jeremy Lin’s case all of the other trademark applications for LINSANITY are likely suffer the same fate. In fact, at least two of the other applicants have already expressly abandoned their LINSANITY trademark applications – most likely in response to a threatening lettersfrom Lin’s trademark attorney.

So is trademarking a name of a famous person something you can do? If that famous person is you, then maybe.  But before trying to file a trademark application for a person’s name or for a mark associated with someone’s name, you may want to check with an experienced trademark attorney.

Categories: Popular, Trademark Application

Protecting Trade Names As Trademarks

Trade names and trademarks are commonly confused by small businesses and young entrepreneurs. The confusion usually occurs because many businesses use the name of the company, at least in part, as a trademark. Reserving a company name or registering a business entity with the Secretary of State or Division of Corporations does not provide trademark rights in the registered company name. Registering a business with the Secretary of State does not provide you with a trademark registration. Assuming trademark protection from registering a business name with the state can be a costly mistake. To avoid this mistake, it is helpful to understand the difference between trademarks and trade names.

Trade Names

Trade names are just the name of the business entity. Companies may have more than one trade name. The name of the company provided to the state in the organizational documents is one type of trade name. A second type of trade name is the d.b.a. (“doing business as”) name which some companies use for different business divisions of the company. In each case, these are merely names for identifying a business and generally used by the company for Read the rest of this entry »

Categories: Popular, Trade Names

Register a Trademark in 4 Simple Steps!

This article explains how you can register your trademark in four simple steps. You may first wonder: Why should I even register a trademark? The answer is simple. A valid trademark registration significantly improves your ability to protect and enforce your brand and can be critical to protecting the goodwill of your company.  Valid U.S. trademark registrations provide additional legal rights that strengthen your trademark.

So how can you register your trademark?  The process is simple, but it does require some legal knowledge about how trademarks work.  So we recommend that you use an experienced trademark lawyer.  Here are four simple steps to registering your trademark.

1.            The first step is to do a trademark search.  A trademark search helps you determine whether or not someone else has already registered the same mark or a similar mark.  It may also help you discover if someone else has been using a conflicting trademark before your date of first use. This way you avoid adopting and investing in a trademark that someone else can Read the rest of this entry »

Categories: Trademark Registration

Trademark Access

Welcome to Trademark Access.  You may be wondering:  What  sets us apart from other trademark registration services?  There are at least three reasons you will want your trademark work done by the attorneys at Trademark Access.

First, we provide you the assurance that your trademark application will be prepared and filed by an experienced trademark attorney.   Unlike many of the self-help services now available on the internet, with Trademark Access you will receive personal consultation from one of our Trusted Trademark Attorneys.

Second, we provide our trademark services on a reasonable flat fee basis, so you will know the cost of our services before we even start work.  With Trademark Access, you get top notch trademark services at a substantial discount over what large law firms typically charge.

Third, you get Access.  Our trademark attorneys will personally discuss your trademark matters with you and can easily be reached at our toll free number.  Plus, ordering our services is straightforward and can be done simply by filling out our online form.

So let our experienced trademark attorneys help you.

Get started today!

Categories: Trademark Access