USPTO Refuses Luka Dončić’s Trademark Applications

Luka Doncic, the potential Rookie of the Year candidate from the Dallas Mavericks, has had his trademark applications for ‘Matador’ and ‘El Matador’ denied by the Patent and Trademark Office. Luka’s trademark application was denied because there’s about a dozen other Matador trademarks that exist across a variety of goods and services that Luka applied for. In this case, Luka’s application appears to be way too broad. You are only supposed to include goods and services in a trademark filing that you have a bona fide intent to use. You must sign a sworn statement when you submit the trademark that you’re actually going to use the trademark for all the goods or services in the application.

In his application, Doncic had included everything from ‘Matador’ branded disposable cameras, jewelry, clocks, coloring books, lemonade, Christmas tree ornaments, and even a restaurant. This is a huge, huge scope of goods and services. By comparison, the Nike “Jumpman” logo is only registered for sports bags, clothing, and basketballs, because that’s what they’re using it for.

Luka’s application could never register, unless he proved that he was actually selling and offering every single thing listed in the application. At this point, Luka will have the ability to revise his application and narrow down the scope of goods and service. However, it can be very difficult to unring the bell of a refusal from the Trademark Office. Potentially one of the biggest concerns is there’s another Matador trademark already registered in the clothing space, which would probably be one of the bigger spaces he’s going for with the trademark.

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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.