USPTO Denies Tampa Bay Buccaneers Trademark Filing for “BUCS”
The Tampa Bay Buccaneers’ attempt to trademark the term “BUCS” has been refused by the United States Patent and Trademark Office.
The application for “BUCS” was refused because of a trademark for “BUC BOWL” that was filed just prior to the Buccaneers’ own application, back in the summer of 2021.
On June 17, 2021, James J. Calvanio filed a trademark application for “BUC BOWL.”
Then, just a few weeks later, on July 9, 2021, the Buccaneers made their ‘BUCS’ filing.
So why is this issue just now coming to a head?
The application for “BUC BOWL” took nearly 4 years to wind through the registration process due to a number of issues with the application. But, after several delays, the “BUC BOWL” mark finally made it to registration.
Since the USPTO found “BUCS” to be too similar to “BUC BOWL,” the USPTO has now issued a refusal to the Buccaneers.
According to its website, Buc Bowl is an “emerging leader of sport event consulting,” working with players, coaches, and sports organizations to develop programs and systems aimed at improving athletic operations.
Screenshot of the Buc Bowl website
Despite the USPTO refusal, there is good news for Buccaneers fans. The team has a number of ways it could respond to get a trademark registration.
The Buccaneers’ application claims that the “BUCS” trademark has been in use since 1975. Given the longstanding use of the term, the team could argue they have priority over the “BUC BOWL” registration. One option would be for the team to file a ‘Petition to Cancel’ the “BUC BOWL” trademark, asserting their longstanding use of the “BUCS” name.
The Buccaneers’ trademark application, showing first use of 1975
Another, more peaceful route would be to seek a coexistence and consent agreement with the owner of the “BUC BOWL” trademark, allowing both parties to use and register their respective marks. The USPTO will usually defer to agreements between private parties. So, if the “BUC BOWL” trademark owner were to sign a contract allowing for the registration of “BUCS,” the USPTO would remove the refusal against the Buccaneers’ trademark filing.
What’s surprising is that the Buccaneers didn’t address this conflict sooner. Their application has been frozen for three years due to the “BUC BOWL” filing—ample time to negotiate a deal or exert legal pressure before the refusal was issued.
Still, the team has a strong legal foundation and multiple avenues to pursue. Given their decades-long use of “BUCS,” it’s likely the team will end up with a trademark registration, one way or another.
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.
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