Brady, Seaver, and Tom Terrific

Last month, New England Patriots quarterback Tom Brady, through his company TEB Capital Management, Inc., filed two trademark applications with the U.S. Patent and Trademark Office for the mark “TOM TERRIFIC”, stating his intent to use the mark on such goods as t-shirts and posters. No active trademark registrations existed for the mark, and eventual registration would appear likely.

Unfortunately for Brady, his application faces both public relations and legal hurdles.

The public relations problem? Although it was never trademarked, TOM TERRIFIC has a history. As baseball fans know, the nickname has been bestowed upon Hall of Fame pitcher Tom Seaver for years. (Just see the 1972 Sports Illustrated article “Tom Terrific and His Mystic Talent”.) As a result, former teammates, the media, and even members of New York’s congressional delegation have expressed outrage with Brady, particularly given Seaver’s recent dementia diagnosis.

The legal problem? In explaining the applications, Brady said he is seeking registration for TOM TERRIFIC “to make sure no one used it because some people wanted to use it.” However, Brady filed an “intent to use” trademark application, meaning that he is not currently using the mark but intends to do so. Brady’s comments seem to indicate that he wants to protect TOM TERRIFIC, not use it - so the requisite intent could be lacking, thus preventing registration.

Whether or not Brady withdraws his applications, this story offers important lessons to applicants - protect your proprietary marks sooner rather than later, and consider both legal and non-legal issues before you apply.

Contact our office today if we can help protect or defend your unique trademarks.