The Trademark Mistake Even Patrick Mahomes Made
Patrick Mahomes may be out for the season, but he is still working to protect his brand.
Earlier this week, Mahomes took legal action to block a trademark application for ‘There’s No Place Like Mahomes.’
The filing was made by a Maryland Man back in January (before Super Bowl LIX), and the USPTO recently approved it for registration.
This case presents a textbook example of how one of the world’s most famous athletes failed to protect his brand properly.
USPTO Approval Notice for ‘There’s No Place Like Mahomes’
Mahomes had no trademarks filed to protect his name
Believe it or not, until August 2025, Patrick Mahomes had not registered a single U.S. trademark covering his name.
Not one.
That said, in August and September, Mahomes (via his company called 2 PM IP Holdings) filed three trademark applications for:
The filings aimed to protect the name MAHOMES for branded apparel and athletic gear, as well as youth sports programs and a website providing guidance and information about collegiate athletics.
Why did the USPTO approve a trademark for ‘There’s No Place Like Mahomes’?
Since Mahomes had not previously registered his name as a trademark, the USPTO found no conflicting trademarks to block the Maryland Man’s application for ‘There’s No Place Like Mahomes.’
As a result, the application sailed through examination and was approved for publication.
[As a side note, the USPTO examiner on this application could have still refused the application on grounds it referenced a living individual without written consent from the individual… this was arguably a miss on the USPTO’s part.]
If Mahomes’ legal team had not intervened and filed the opposition during the publication period, the trademark would have been registered.
The 30-Day window that saved Mahomes
Every trademark application that clears the USPTO examination process enters a 30-day opposition period. During that window, anyone with superior rights can step in and challenge the registration.
Mahomes and his legal team caught the application just in time and filed an opposition in that 30-day window.
Their opposition is based on a powerful (and straightforward) argument:
The phrase ‘There’s No Place Like Mahomes’ clearly references a living individual, and the applicant did not obtain Patrick Mahomes’ written consent.
Legally speaking, this legal argument is about as close to a sure thing as a Jalen Hurts tush-push from the 1-yard line.
That said, had Mahomes’ legal team missed the opposition window, the trademark likely would have registered, granting a third party enforceable rights that could have created a legal headache for Mahomes.
Undoing that kind of mistake later is expensive, time-consuming, and far messier than preventing it in the first place.
The takeaway for athletes
This case highlights several basic brand protection steps that every athlete should take:
- Register trademarks for names and nicknames
This may seem obvious, but it is often overlooked. - Protect logos
Especially those used on apparel, social media, and endorsements. - Monitor new trademark filings
Ongoing monitoring of the USPTO database enables athletes to oppose problematic applications before they are registered. - Police the marketplace
It is critical to ensure unlicensed merchandise isn’t being sold. Such sales can weaken the ability to enforce an athlete’s rights downstream.
Ultimately, there are significant ways to monetize an athlete’s brand. But monetizing that value depends heavily on trademark protection.
Even at the highest levels of the NFL, athletes still leave themselves vulnerable by failing to make the simplest of trademark filings.
Patrick Mahomes is Exhibit A.
Josh Gerben, Esq.
Josh Gerben, Esq. is a nationally recognized trademark attorney and the founder of Gerben IP. Since launching the firm in 2008, he has overseen the registration of over 10,000 trademarks and handled over 1,500 trademark disputes. Josh's practice focuses on building and defending global trademark portfolios for clients. These clients include entrepreneurs, private equity-backed businesses, athletes, celebrities, and public companies. Frequently quoted by major media outlets like CNBC, CNN, The New York Times, and The Wall Street Journal, Josh is widely regarded as a leading authority in trademark law.
Do you need assistance with a trademark matter?
Contact an Attorney Today