On January 14, 2013, attorneys for San Fransisco 49ers quarterback Colin Kaepernick filed 5 intent-to-use applications to trademark various iterations of the star QB’s name as well as an in-use application for the word mark “KAEPERNICKING”, his bicep-kissing act that has taken on a life of its own during the team’s post-season journey to Superbowl XLVII:
|Serial Number||Reg. Number||Word Mark||Check Status||Live/Dead|
|Goods and Services||IC 025. US 022 039. G & S: Clothing, namely shirts. FIRST USE: 20121231. FIRST USE IN COMMERCE: 20121231|
|Standard Characters Claimed|
|Mark Drawing Code||(4) STANDARD CHARACTER MARK|
|Filing Date||January 14, 2013|
|Original Filing Basis||1A|
|Owner||(APPLICANT) Kaepernick, Colin INDIVIDUAL UNITED STATES P.O. Box 1725 Madison WISCONSIN 537011725|
|Attorney of Record||Bruce H. Bernstein|
|Type of Mark||TRADEMARK|
Just What Is a Trademark, You Ask?
A trademark protects a word, phrase, symbol, or device – the mark – used in commerce to identify and distinguish one product from another. Interestingly, even color (Tiffany blue box), scent (Plumeria) and sound (NBC chimes or MGM lion’s roar) can function as a trademark.
Each state has its own state laws to protect commerce within the state. And the Lanham Act provides protection across the country. Unregistered marks are also protected under state and federal case law. [More about trademarks and other types of intellectual property]
ESPN.com reports the story as follows:
Colin Kaepernick has become a brand worth protecting.
At least he thinks so.
The San Francisco 49ers quarterback has filed for the trademark “Kaepernicking,” his bicep-kissing act that has swept the West Coast during the team’s postseason run.
The U.S. Patent and Trademark Office website shows the registration was filed on Jan. 14, and Kaepernick intends to use it on clothing, specifically T-shirts.