A Real Toe Tapper

August 23rd, 2019 at 11:27 AM ^

It hasn't been denied.  Just initially refused.  He has the opportunity to respond to the examiner's arguments and could still get the trademark registration if he's successful.  Which happens all the time.  (yes, I'm a trademark lawyer).

SwordDancer710

August 23rd, 2019 at 11:29 AM ^

*grumbles at article that doesn't link to the registration*

IP lawyer here. A first rejection in a trademark application is very common, and there are lots of ways to respond to them. That alone isn't newsworthy.

For the rejection itself, I'm guessing TB's attorneys will argue that "Tom Terrific" does not suggest a connection with Tom Seaver and try to provide evidence that it (somehow) connects to Tom Brady. But if TB's assertions that he wants the mark in order not to use it, they're going to have a rough time in their intent-to-use application that, eventually, needs evidence of use.

(also, trademark and copyright are two very different things)

Drew Henson's Backup

August 23rd, 2019 at 11:38 AM ^

Trademark, not copyright. I really should have consulted a lawyer before making the post.

Given that he would need to eventually show his intent to use--and assuming he is serious that he was trying to do specifically the opposite--was this a totally pointless endeavor? Perhaps his whole "I didn't like the nickname anywayz" was just a reaction to the blowback he got.

LSAClassOf2000

August 23rd, 2019 at 11:52 AM ^

"I was actually trying to do something because I didn't like the nickname and I wanted to make sure no one used it, because some people wanted to use it. I was trying to keep people from using it, and then it got spun around to something different than what it is. Good lesson learned, and I'll try to do things a little different in the future ...

I think that, if you're Tom Brady, the simplest thing for you to do is just flip the bird to people who insist on using it....then get their address and completely bury their house in shipments of TB12 gear.