Washington Football Team trademark request denied
doubledragon
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The Washington Football Team made a request to keep their current name permanently, but the request has been denied.
Washington Football Team trademark request refused, creating a potential legal hurdle
The U.S. Patent and Trademark Office provided an initial refusal of the Washington Football Team's trademark application Friday.
The U.S. Patent and Trademark Office on Friday issued an initial refusal of the Washington Football Team’s application to trademark the name, creating a hurdle for the team to keep it on a permanent basis but offering only a momentary distraction if the team plans to choose any other name following the 2021 season.
The USPTO’s decision came almost one year after the initial filing made in July 2020 and cited two primary factors: the generic geographic nature of the request and previous registrations by trademark squatter Martin McCaulay.
The team likely expected this decision, which will not prohibit them from using the name on its jerseys or merchandise, but it does highlight why it will be difficult to register the WFT trademark, said Jamie Vining, a Florida lawyer and trademark expert.
“[This is] more of a headache for the lawyer than the team,” Vining added.
If the team sticks with WFT, Vining said it must convince the USPTO the name has become distinct beyond “inherently weak terms like Washington and Football and Team.” She pointed out that this isn’t unprecedented — ice cream brand Häagen-Dazs, for example, has a trademark despite the words not meaning anything in any language.
“That one’s super easy to knock down,” said George Washington University law professor Roger E. Schechter. “They could show a survey where it’s understood by over 80 percent people in the area that ‘Washington Football Team’ means the one in the National Football League and not any other.”
Whatever the name ends up being, both experts noted it’s important for the team to register it. A registered trademark allows the holder to enforce it, which helps strengthen agreements with licensees like apparel companies, and discourages counterfeiters, such as vendors selling knockoff merchandise outside the stadium.
The team could continue to use WFT as an unregistered trademark, but it would not be able to prevent others from using it, a scenario the TV show South Park played up in a 2014 episode that mocked the team for losing the trademark to its former name.
In another effort to sway the USPTO, the team could show its sales numbers for tickets and merchandise based on marketing around “Washington Football Team.” The team could also try to make WFT more distinctive by adding elements, such as a mascot. Vining noted that other filings by Snyder’s company, Pro Football, Inc., included phrases such as “Est. 1932,” suggesting the team could be probing the USPTO to figure out which signs of distinctiveness it will accept.
The issue of McCauley’s previous registrations, Schechter said, will be harder to overcome and is more pressing. The team’s first move in what could become a lengthy process must be deciding how to deal with the wordmark, which puts the spotlight on McCaulay, who holds the trademark of “Washington Football Club.” The team could try to cancel McCaulay’s registration or buy him out.
"As we have told the team in the past, Mr. McCaulay is willing to discuss assigning his valuable registration,” Darren Heitner, McCaulay’s attorney, said in a statement to The Post.
The Washington Football Team, which did not respond to a request for comment, has until Dec. 18 to file a response to the USPTO.
Comments
Hmm, I did not realize they were trying to keep the Washington Football Team name permanently, I thought they were going to change it.
I think they should change their name to the Rats. When are these adorable little creatures going to get their due?
Perfect.
pretty weak. WFT was supposed to be a one year placeholder.
George Brett, Roger Clemens and Tommy Brady.
I don't like it, I just don't like it. They need a real name, Washington Football Team is too plain and, and, I just don't like it!
Swamp Rats is far more appropriate
"I spent 50% of my money on alcohol, women, and gambling. The other half I wasted.
The Washington Red Rats.
I got a great idea, go back to the REDSKINS!
It is nearly impossible to come up with a name or mascot that does not offend someone. In fact, the name Washington may offend quite a few people.
http://www.unisquare.com/store/brick/
Ralph
Well, unless i counted incorrectly:
7 NFL team names for what they are locally famous/known for
5 NFL team names for carnivorous mammals
5 NFL team names for birds
4 NFL team names for speedy herbivores
3 NFL team names for pillaging thieves including Tom Brady's team
and the rest with inexplicable names such as a team name for a large airplane
So somebody please tell the procrastinating owner to choose a category he likes, find a list of names from that category on the internet, and pick a team name for crying out loud and get it over with.
The Washington Syndersucks.
Worst owner in professional sports.
My Coin Blog
My Toned Lincoln Registry Set
the washington red pins.
I would name the team "Bubble." I can't think of anything offensive about the word and I've never known anyone to get agitated over a bubble. Besides, it has a nice ring to it........."The Washington Bubble."
Or The Washington Bublé
Change Washington to just DC and it could then be the DC Football Team...
Other possibilities.... 1) DC Defenders; 2) DC Demolishers or 3) DC Washingtonians... after one of Duke Ellington's early Bands (which I previously suggested)
Seems enough time has passed to make a decision... perhaps the DC Deliberators might fit the circumstances
Seems a decision can and should be made before DC stands for Don't Care
Experience the World through Numismatics...it's more than you can imagine.
Is the 'Washington Generals' available?
How about move the franchise to another city.
Terry Bradshaw was AMAZING!!
Ignore list -Basebal21