Tom Brady’s application for “Tom Terrific” trademark denied
Summary:
Even Tom Brady and his legal team have something to learn when it comes to obtaining a trademark. As noted in the article above, Tom Brady applied for a trademark of the name “Tom Terrific” because he does not like people calling him by this name. The United States Patent and Trademark Office (USPTO) denied the application for its apparent reference to Tom Seaver, a former professional Major League pitcher who is nicknamed Tom Terrific.
Key Takeaways:
1. Trademarks cannot create a false connection to a person or institution that is not associated with the goods (Trademark Act Secion 2(a)). The USPTO determined that the use of Tom Terrific created a link to Tom Seaver and falsely implied that he endorsed the goods the mark covered.
2. Trademarks cannot use the name of a living person without his or her consent (Trademark Act Section 2(c)). Since Tom Terrific is the nickname of Tom Seaver and is part of his identify, Tom Seaver must provide written consent to the USPTO.