Posted On: February 1, 2010
Celebrity Trademarks: Michael Phelps, Filing Applications for Trademarks He Hasn't Yet Used In Commerce
Long after the last of the tourists left the Water Cube and the Bird's Nest in Beijing, and NBC is preparing to re-run that Saturday Night Live season premier, Michael Phelps has already been laying the groundwork for building his brand name: registering his name with the U.S. Patent & Trademark Office.
Michael didn't waste any time; he had two applications filed before the summer was over. Even if Michael "likes to do everything fast," he didn't have enough time to use his name to identify a whole host of clothing and athletic apparel. This raises the question: "Can I apply for trademark registration, even if I haven't used it yet to sell, market, or promote goods/services?" The answer is, "Yes," as long as you state that you intend to use the trademark to identify those goods and services in commerce.
I am a swimmer, and am a huge Michael Phelps fan. I'm even tagged to his site on Facebook. My advice to Michael is to pay close attention to all the items he is claiming his trademark will identify. For instance, his application states that he intends to use the trademark, "Michael Phelps" to sell ski shoes, non-disposable cloth training pants, and panties. If he later confirms his trademark identifies those products, when in fact he has not used "Michael Phelps" for that purpose, he could lose his rights as they pertain to that particular registration.
Any other rising stars out there intending to use a trademark, and wanting to file an application? Let me know!
Labels: Celebrity Trademarks, trademark, trademark application
