Next Up for Washington, NFL: Trademark Hurdles
Although the Washington NFL franchise has announced it is officially retiring the name “Redskins”, it cannot unveil its new name until it first secures legal rights to that name. Over the years, many potential names have been trademarked by speculators hoping to sell the rights when the team rebranded.
For as long as the Redskins’ name has stoked controversy, speculators have been paying a $275 filing fee with the U.S. Patent and Trademark Office, trying to secure rights to names they could sell to Snyder in the event of a name change. Dozens of names have been scooped up but that might ultimately be just a small hurdle if the organization chose to pursue one of those with pending trademark applications.
Arkansas State University is just one potential trademark owner whose claim could cause problems for the Washington franchise.
[One speculator] filed a trademark application for “Washington Red Wolves” within the past week. He tweeted that he believes that is the likely replacement name, but he pointed out that Arkansas State University, whose athletic teams go by “Red Wolves,” are battling the Chattanooga Red Wolves pro soccer team in court over the use of the nickname’s trademark. An attorney for Arkansas State said in an email Monday that the school system has not been contacted by anyone from the Redskins’ organization.
If the team wants to use a name which is already owned by another owner, it must first determine if the trademark is enforceable. Many of the applied-for marks, for example, may not be able to be protected because they are not being used. While an applicant can file an “intent to use” application for a trademark he or she intends in good faith to use in the future, that registration does not protect the mark indefinitely. After a maximum of 30 months, the owner is required to show proof that the mark is being used in commerce - if not, the mark does not register.
Whether the new name will be Warriors, Red Tails, Red Wolves, or something else altogether, the team will likely try to quickly negotiate a purchase of all related trademarks, domain names, social media accounts, and other intellectual property from the current owner. The sooner the team can do that, the sooner it can sell t-shirts to fans, design uniforms for the team, print business cards for staff, and take all the other actions needed to move onto the new name.