Tuesday, December 20, 2016

NBA Files Trademark Applications for DUNKTASTIC

It's THE MOST DUNKTASTIC TIME OF THE YEAR, according to the NBA.  The league recently released a YouTube video of its new commercial for Christmas Day with some of its top athletes singing about this DUNKTASTIC time of year. Around the same time, the league also filed trademark applications for the new, albeit made-up, term it appears to have coined (such made-up words, in fact, are often strong trademarks - see TMEP 1209.01(a)).
On December 15th, NBA Properties, Inc. filed federal trademark applications for DUNKTASTIC and IT'S THE MOST DUNKTASTIC TIME OF THE YEAR.  The applications cover various entertainment services related to basketball games in Class 41 and a wide range of clothing items in Class 25. 

The NBA filed these applications on an intent to use basis, so the league will need to submit sufficient evidence of use before these applications will fully register.  See TMEP 904 and 1301.04.  Upon registration, the NBA will be entitled to claim an exclusive, nationwide right to use these terms in conjunction with the goods and services listed in the applications.

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