Brand & IP
Protecting Your Name and Brand: Trademarks for Athletes and Creators
·Title Sports Management
Athletes, performers and creators build brands every time they compete, post or perform. A nickname catches on. A celebration becomes recognizable. A logo starts showing up on merchandise. Those things can have real commercial value, and if you don’t protect them, someone else may try to profit from them.
What a trademark protects
A trademark protects words, names, symbols, slogans and designs that identify the source of goods or services. For an athlete or creator, that might include:
- Your name or a nickname used on products or services
- A personal logo or signature mark
- A catchphrase used to sell merchandise
- The name of your podcast, channel, camp or foundation
Trademarks are tied to specific categories of goods and services. Registering a mark for clothing does not automatically cover beverages or entertainment services.
Trademark rights versus right of publicity
Separate from trademark law, many states recognize a right of publicity, which protects against unauthorized commercial use of your name, image and likeness. The two work together: publicity rights help stop someone from using your identity in an ad, while a registered trademark helps you build and license a brand and challenge confusing copycats.
Why registration matters
Some trademark rights come from simply using a mark in commerce. A federal registration with the U.S. Patent and Trademark Office generally adds stronger, nationwide protections and makes it easier to enforce your rights online and with marketplaces. It can also make your brand more attractive to licensing partners who want confidence that you own what they are paying for.
When to think about filing
- You are launching merchandise or a product line
- A nickname or phrase is gaining public attention
- You are starting a business, camp, foundation or media brand
- A brand partner wants to license your name or logo
- You notice others selling products using your name
Filing early can matter, because others sometimes try to register popular names and phrases before the person behind them does.
Search before you build
Before investing in a logo or product line, a clearance search can reveal whether someone else already has rights to a similar mark. It is far easier to adjust a brand at the start than to rebrand after a dispute.
If you are building a brand around your name, contact Title Sports Management to talk about protecting it.
This article provides general information only and is not legal advice. Reading this article does not create an attorney-client relationship.