Tuesday, June 21, 2016

Steph Curry Files Multiple Trademark Applications Days Before Game 7 of NBA Finals

Steph Curry and his Golden State Warriors didn't outlast Lebron James and the Cleveland Cavaliers in the NBA Finals, but his attorneys were taking steps during the Finals to make sure his brand will last. On June 16th, Wardell Stephen "Steph" Curry filed four federal trademark applications for the variations of his name seen below.
The applications were each filed on an intent-to-use basis in Classes 009, 016, 025, 028, and 041 for a variety of goods and services. Some of the goods and services covered include: downloadable software applications for smart phones and mobile devices (009), books and magazines (016), sweatpants and sweatshirts (025), basketballs (028), and basketball and golf coaching (041).

Interestingly, these appear to be the only trademark applications filed for Steph Curry's name or listing Steph Curry as the owner of the mark. This may be part of the reason why the goods and services listed in each application are so broad.

One thing noticeably missing from these applications - Steph Curry's written consent authorizing the registration of these trademarks (probably because he was busy trying to win the NBA Finals when these applications were filed).

Under Section 2(c) of the Trademark Act, a trademark containing a living individual's name, signature, or portrait cannot be registered without the consent of that person. See TMEP 1206.01. However, the failure to include this consent with the initial application is not fatal to the registration. As long as Steph's attorneys obtain his consent when requested by the Trademark Office (which will occur in approximately three months after an examining attorney reviews these applications and issues office actions for failing to include this consent), the trademarks can still register.

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