Home > entertainment law, Intellectual Property, Trademark, trademark office, USPTO > “Kaepernicking” is San Fran 49er QB’s signature move. But is it a trademark?

“Kaepernicking” is San Fran 49er QB’s signature move. But is it a trademark?

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
1 85822730 KAEPERNICK7 TSDR LIVE
2 85822727 KAP TSDR LIVE
3 85822721 KAP7 TSDR LIVE
4 85822715 KAEPERNICK CK7 TSDR LIVE
5 85822707 COLIN KAEPERNICK TSDR LIVE

[public record information from: USPTO.gov]

Word Mark KAEPERNICKING
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
Serial Number 85822700
Filing Date January 14, 2013
Current Basis 1A
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
Register PRINCIPAL
Live/Dead Indicator LIVE

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.

Read the full article “Colin Kaepernick Files To Trademark “Kaepernicking” at ESPN.com

[ESPN video: Colin Kaepernick Files To Trademark “Kaepernicking”]

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