Bauer Hockey Files Application to Register BAUER as a Trademark for Sanitary Masks, Face Shields

Back in March, hockey equipment manufacturer Bauer Hockey announced the company would be switching from hockey equipment to protective medical equipment. A recent trademark application filed with the U.S. Patent and Trademark Office proves the company wasn't kidding.

On May 7, the hockey company filed a federal trademark application for BAUER, but it didn't cover hockey equipment. Instead, it covered the following goods:

• Sanitary masks to protect from infection and prevent infection of others; face shields to protect from infection and prevent infection of others; disposable microorganism barrier gowns (Class 10); and
• Multi-usage face shields; multi-purpose face shields; face masks; goggles (Class 9).

Bauer filed the application on an intent-to-use basis, suggesting it is not currently selling these goods in conjunction with the BAUER trademark yet, but has a bona fide intention to do so in the near future (which makes sense). See TMEP 806.01(b); 15 USC 1051(b). Before this particular BAUER trademark can be registered, Bauer must actually start using the BAUER trademark in interstate commerce in conjunction with the goods listed in the application and submit sufficient prove of such use to the USPTO. See TMEP 1103.

Kudos to Bauer for doing its part.

The San Antonio Spurs Are Filing Trademark Applications for Hockey Teams

Is minor league hockey coming back to San Antonio? Recent trademark applications suggest it might be.

On August 26, San Antonio Spurs, LLC d/b/a Spurs Sports & Entertainment filed four hockey-related trademark applications with the U.S. Patent and Trademark Office - one for the words SAN ANTONIO IGUANAS, one for the words SAN ANTONIO DRAGONS, and applications for the related logos seen below.

Both the Dragons and the Iguanas used to be minor league hockey teams in San Antonio. The Dragons were a team in the International Hockey League for two seasons from 1996-1998. The Iguanas were in the Central Hockey League and active from 1994-1997 and again from 1998-2002. Both teams played at Freeman Coliseum.

These trademark applications cover a variety of clothing items, like uniforms, shirts, pants, and hats, as well as a variety of merchandise like autograph books, printed guides in the field of hockey, and stickers, so it's possible the Spurs only intend to sell vintage hockey apparel and merchandise. 

The services in Class 41, however, are the most interesting. They cover "Entertainment services in the nature of hockey games and hockey related exhibitions." These are services typically seen in a trademark registration for a hockey team (like this one for the Boston Bruins).

Does this mean minor league hockey is actually coming back to San Antonio? Not necessarily. Although the Spurs filed these applications on an intent-to-use basis (see TMEP 806.01(b)), which requires them to have a bona fide intention to use these trademark in conjunction with the listed goods and services (including hockey games), it in no way requires the Spurs to start using the marks with those goods and services. However, if the Spurs want to obtain a registration for these marks in Class 41, they'll eventually need to actually start using these marks in conjunction with hockey games and submit sufficient proof of same to the USPTO. See TMEP 1103.

Filing trademark applications for vintage teams isn't uncommon. Back in April, I blogged about the NFL's trademark applications for DULUTH ESKIMOS, an old football team. 

According to my quick search, these trademark applications are the first federal applications for hockey-related goods/services ever filed by San Antonio Spurs, LLC.

Palm Springs AHL Affiliate Files Three More Trademark Applications for Potential Team Names

Oak View Group, LLC, the owner of Seattle's new NHL franchise, added three more candidates to the list of possible names for the team's AHL affiliate in Palm Springs. On August 15, the group filed three new trademark applications with the USPTO for:

• PALM SPRINGS SUN
• PALM SPRINGS DRAGONS
• PALM SPRINGS FALCONS

All the applications cover "Entertainment in the nature of hockey games" in Class 41. The applications were filed by the same attorney and law firm that filed three other trademark applications for potential team names earlier in August that cover the same services:

• PALM SPRINGS HAWKS
• PALM SPRINGS EAGLES
• PALM SPRINGS FIREBIRDS

These earlier applications seemed to suggest a "bird" theme for the new AHL team, but the recent applications for "DRAGONS" and "SUN" indicate that might not be the case.

It's not uncommon for a new team to file multiple trademark applications on an intent-to-use basis for potential team names. Back in June 2016, I blogged about several filings for Tucson, Arizona's new AHL team (the Arizona Coyotes affiliate). That team ended up choosing the TUCSON ROADRUNNERS. And back in January 2016, I blogged about applications for the LA CHARGERS filed by the Chargers Football Company before the NFL teamed moved to LA.

While you may see more trademark filings by the Oak View Group, LLC, it's very possible the name of the new AHL team in Palm Springs will be one of those listed above.

Trademark Filings Hint at Tucson AHL Team's New Name

Last month, the Arizona Coyotes, an NHL team, moved the Springfield Falcons to Tucson to be the team's AHL affiliate. According to reports, the Coyotes held a contest to determine the Tucson team's new name. The team is expected to announce the winner on June 18th.

On June 3rd, IceArizona AHL Co, LLC (which I presume is the entity that owns the new team) filed five federal trademark applications (like this one) that may contain the team's new name. Those applications are seen below.

The team filed each application in Class 041 for "[e]ntertainment services, namely, organizing, providing and conducting professional ice hockey exhibitions and games." Each application was filed on an intent-to-use basis, which means the team is not currently using these marks in commerce (which makes sense given that a name has not been selected yet). The Chargers Football Company did something similar when it filed a trademark application for LA CHARGERS on an intent-to-use basis earlier this year.

When the Coyotes announce the AHL team's new name on June 18th, will it will come from this list of recently filed trademarks? It very well could.

Now We Have DOLLAR TAPE CLUB....

Recently, I blogged about a trademark filing for DOLLAR TOOTHBRUSH CLUB for a subscription based toothbrush service. Only a couple days later on, November 2nd, a couple guys in Florida filed a federal trademark application for DOLLAR TAPE CLUB as it relates to "[s]ubscription-based order fulfillment services in the field of Hockey sporting goods, namely, adhesive tape for hockey stick and uniform support, as well as skate laces, stick tape, hockey pucks and stick wax[.]"

As mentioned in my previous post on DOLLAR TOOTHBRUSH CLUB, the Dollar Beard Club trademark application received an office action for being confusingly similar to the previously filed Dollar Shave Club trademark. I mentioned DOLLAR TOOTHBRUSH CLUB may suffer a similar fate if the Trademark Office thinks toothbrushes are related to shave products.

In the case of DOLLAR TAPE CLUB, hockey products are probably so unrelated to toothbrush and shave products that this application will not receive an office action for being confusingly similar. However, this application will get an office action because the specimen (shown above) does not match the mark filed (DOLLAR TAPE CLUB). If the specimen does not show the applied for mark being used on the goods, there is no evidence that the mark is being used in commerce. TMEP 904.07(a). However, if the applicant submits a better picture of the above specimen showing "Dollar Tape Club" rather than DSC, they can easily overcome this office action.

On an unrelated note - what a great idea. As a former hockey player, maintaining a supply of hockey tape, wax, and laces was always a task. This could be a hit in the hockey market.