Tom Brady Files Court Action to Block A Similar Trademark
Tom Brady has filed a Notice of Opposition to block the registration of a “B2” logo that he believes is too similar to his registered “TB12” trademark.
The legal proceeding instituted by Brady blocks the application for the “B2” logo. If the owner of the logo decides to defend the action, the case could take two or more years to resolve before the USPTO’s Trademark Trial and Appeal Board.
The history of Tom Brady’s “TB12” trademark
Brady first applied to register the “TB12” logo as a trademark with the United States Patent and Trademark Office in 2008.
Since then, he has filed a number of trademark applications around the “TB12” logo as his product line and brand have expanded.
To date, Brady’s applications include claims for the following:
- Personal training services
- Clothing
- Packaged meal kits
- Non-medicated lotions
- Protein supplements
- Computer applications
- Mobile applications
- Items for physical therapy
- Cookbooks
- Books and training materials
- Sporting goods and athletic equipment
- Sheets
- Athletic bags
- And much more
Why does Tom Brady want to block the registration of the “B2” Trademark?
Whether or not the “B2” trademark can become federally registered will be determined by the outcome of the proceeding filed by Brady.
The three main claims that Brady is making in the case is that the “B2” trademark:
- does not have priority.
- is nearly identical to his “TB12” trademark.
- will protect identical goods that directly compete with the goods offered under the “TB12” trademark.
As referenced in the court filing, Brady’s “TB12” trademarks have priority over the “B2” trademark, as the 2008 filing date for the first “TB12” trademark predates the “B2” 2022 filing date.
The “TB12” trademark was also used in commerce before the “B2” trademark, as Brady has been using the trademark to sell his goods and services since 2008, while the “B2” trademark has never been used in commerce.
The two logos do appear to have some visual similarity, however, if the case goes to trial, a judge will have to decide if the logos are indeed so similar that consumers might get confused between them.
If this case were to go to trial, I’d expect it to be a close call.
The full Notice of Opposition can be read here.
You can find a complete list of Tom Brady’s registered trademarks in Gerben’s Trademark Library®.
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.
Do you need assistance with a trademark matter?
Contact an Attorney Today