Milwaukee Bucks File for “BUCKS IN 6” Before Winning Game 6 of 2021 NBA Finals

By Josh Gerben, Esq.

The Milwaukee Bucks Inc., 2021 NBA Champions, recently filed trademark applications for “BUCKS IN 6” and “BUCKS IN SIX.” Not surprising since they won their second NBA title in the team’s history in Game 6 on July 20, 2021.

What is surprising about this filing is that it occurred a little over 24 hours before the game started – at 8:23 p.m. EST on July 19, 2021. Talk about calling your shot.

After the Bucks went on to win Game 6 against the Phoenix Suns, the franchise could celebrate not only the Championship win but also the fact that they locked in a profitable and very relevant trademark. And I’m sure there were a few Marketing team members who let out a big sigh of relief too.

Think of what would have happened if the team lost the game – the trademark had already been filed, there would be no taking it back without anyone seeing it. And we would all be talking about the team jinxed themselves.

Continuing with that scenario, how would anyone know that the Bucks jinxed themselves? It’s easy – all U.S. trademark filings are public. Within approximately five days of submitting a trademark filing, the entire application is uploaded to the USPTO’s website for the world to see.

While public filings help to bring transparency to the process, for some companies, it also makes it difficult to decide when they should file a trademark. For example, if your company is launching a new high-profile product, perhaps you do not want anyone to know the product name before the date of launch. How can you ensure that you are protecting your mark, while also keeping it under wraps?

One little-known strategy is that you can file a trademark application in a country outside the United States, as long as that country has a hidden-from-view trademark system. Jamaica happens to be one of these countries.

Once a company files for a trademark in Jamaica, the same trademark can also be filed in the United States. If the U.S. filing occurs within six months of the Jamaican filing, the U.S. filing is post-dated to the Jamaican filing date, giving it priority over any other U.S. filings. Not only does this allow companies to protect their marks, but it also allows them to keep it secret, whether it be for a short time frame or forever.

I think the Bucks trademark attorneys calling their shot made a great story. But maybe next time the team should consider a filing strategy that is a little more under-the-radar and a little less stressful.

If you have any questions about trademark priority, getting started with your application, or addressing filings in foreign countries, please contact an attorney from Gerben IP today.

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Josh Gerben, Esq.

Josh Gerben, Esq. is the founder and principal of Gerben IP. In 2008, Mr. Gerben started the firm to provide high-quality trademark services at reasonable prices. Today, he is recognized by the World Trademark Review as a top trademark filer, having registered over 7,500 trademarks. The contents of this blog are for informational purposes only and may not be relied on as legal advice.