Josh Gerben Analyzes the Viability of Potential WNBA Philadelphia Team Names for the Inquirer

Since the announcement of a WNBA expansion in Philadelphia, fans have been suggesting potential team names. The Inquirer posted a poll, asking readers to suggest some team names.

Trademark attorney Josh Gerben analyzed the suggested team names for their ability to be protected as trademarks. 

A number of the suggested names, such as Rage, Fury, Independence, Founders, and Fire have dead or abandoned trademark applications as they were names used by former sports teams. If the WNBA were to attempt to trademark one of these names, those organizations may oppose it. However, if the organization hasn’t been continuously using the mark in commerce, they likely don’t have a legal right to the trademark.

“If you want to trademark for a team name, you have to actually use it for that in order to have rights to it,” Gerben said. “You do get some time if you want to file in advance, but if you ultimately do not use it, then the USPTO says, ‘OK, you’re done. If anybody else wants it, then they can have it.’”

“If something has been filed and it’s abandoned and it’s no longer active with the trademark office, chances are there’s no rights behind it, unless that company somehow still exists and just missed their renewal deadline, but the vast majority of those is that no more rights would be associated with them,” Gerben said.

Another fan-favorite, Philadelphia Freedoms, has an active trademark registration that was renewed in 2023. The tennis team, ceased playing in 2021, but due to its trademark renewal, it holds rights in the name until 2033, which is three years after the WNBA team will start playing.

“There is a mechanism called a petition to cancel that you can file against a registration if you think it’s no longer being used,” Gerben said. “If the WNBA team said, ‘Hey, this is a defunct business. They’re not even operating. We don’t think they should have rights to this trademark,’ they can file a petition to cancel with the trademark office.”

Another fan suggested team name, Philadelphia Revolution, is also protected by an trademark registration. The rights are owned by a junior hockey team out of Warminster, PA. Unlike the other suggested names, this team is still playing under the name.

“If the WNBA team came in and started using this name, and then nobody could find the junior hockey team anymore, because any time you looked up Philadelphia Revolution, all you saw was the WNBA team, you can imagine how the WNBA team selecting this name could just literally wipe this hockey team off the face of the planet from a visibility standpoint, and nobody would really be able to find them,” Gerben said.

Source: Carroll, Gabriela . https://www.inquirer.com. “Some popular WNBA team names may not work due to trademarks. Here’s where Rage, Spirit, Freedom, and more stand”. 11 July 2025.