Recently, I wrote about two different trademarks that were applied for by the Seattle Seahawks and New England Patriots of the NFL.  This week is a good time to expand on those posts as both teams are about to meet in the Super Bowl this coming Sunday.  I’ll be matching the teams up head to head and take a look into both trademark portfolios to determine who has been more active in securing intellectual property rights.

So here we go – Seattle vs. New England – Trademark Bowl 2015.

First, let’s go ahead and answer the question you’ve all been wondering…no, it does not look like anyone has applied for DEFLATEGATE…yet.  It would not be surprising if someone does attempt to file for it.

Now back to our matchup, let’s start with currently registered design marks of both teams.  These are marks that have already registered and that are some sort of logo or design.  The images below show the design marks of both teams which cover a variety of goods and services ranging from apparel and promotional items, to entertainment services, charitable services, uniforms, and mascots.

NEW ENGLAND’S REGISTERED DESIGN MARKS:

SEATTLE’S REGISTERED DESIGN MARKS:

It does not stop here, however, as a search on the US Patent and Trademark Office (“USPTO”) database returned 34 live applications/registrations for the New England Patriots and 48 for the Seattle Seahawks.  Both teams recognize the value of trademarks and have applied for, and received the following word marks:

NEW ENGLAND’S REGISTERED WORD MARKS:

• NEXT GAME UP
  • Entertainment services; providing a website featuring photographs and other multimedia materials
  • Date: 08/14
• DO YOUR JOB
  • Entertainment services, namely providing expert commentary on sports events via the internet
  • Date: 04/14
• THE PATRIOT WAY
  • Entertainment services; providing a website featuring photographs and other multimedia materials
• THE WORLD’S BIGGEST VIRTUAL TAILGATE
  • Entertainment services, namely, webcasts, podcasts and radio broadcasts in the field of sporting events
• WE ARE ALL PATRIOTS
  • Fan clubs; entertainment services
• FANTASY FORECAST
  • Entertainment services, namely, online contests
• PATS
  • T-shirts, sweatshirts, jackets and headwear
• THE BELESTRATOR
  • Entertainment services, namely, providing expert commentary on sports events via television or the internet
• THE HEART INSIDE THE HUDDLE
  • Promoting charitable organizations; Charitable foundation serices
  • Printed tickets to charitable activities; party invitations; souvenir programs
  • Clothing
  • Toys & sporting goods
• PATRIOTS
  • Clothing and footwear
  • Publications
  • Entertainment services
• BOSTON PATRIOTS
  • Clothing and headwear
• NEW ENGLAND PATRIOTS
  • Jewelry, watches, clocks, ornamental pins, etc.
  • Key chains
  • Toys and sporting goods
  • Football helmets, cell phone covers, decorative magnets, CDs, DVDs, computer game software, mouse pads, sunglasses, light switch plates
  • Trading cards and posters, magazines and books, and other paper products
  • Clothing and footwear
  • Entertainment services

SEATTLE’S REGISTERED WORD MARKS:

• LEGION OF BOOM
  • Golf clubs, golf bags, golf balls, golf grips and head covers for golf clubs
  • Towels
  • Caps; Children’s and infant clothing; apparel
• SPIRIT OF 12
  • Charitable contributions and fundraising; scholarships
  • Ticket reservations, contests, entertainment services, fan clubs, sporting events, newsletters, camps, award programs, community events
• SEAHAWKS
  • Jewelry, watches, clocks, ornamental pins, bracelets, charms, collectible coins
  • Clothing
  • Toys & sporting goods
• SEATTLE SEAHAWKS
  • Jewelry, watches, clocks, ornamental pins, bracelets, charms, collectible coins
  • Clothing & footwear
  • Toys & sporting goods
  • Football helmets, cell phone covers, decorative magnets, CDs, DVDs, computer game software, mouse pads, sunglasses, light switch plates
  • Trading cards, posters, books, notepads, magazines, calendars, paper stickers, and other paper products
  • Entertainment services
• BRING ON THE 12
  • Ticket reservations; entertainment services
• SEATTLE SEAHAWKS ALUMNI
  • Community and entertainment services
• BLITZ
  • Entertainment services in the nature of a team mascot
• SEA GALS
  • Entertainment services in the form of precision dance and cheerleading squad

New England has the definite advantage over Seattle when it comes to a head to head match up between marks that have already been registered.  Much like its opportunistic defense, however, Seattle recognizes its brand has been a valuable commodity lately and is trying to capitalize on that.  Where New England only has 1 pending trademark application (WE ARE ALL PATRIOTS), Seattle has 29 of its 48 live applications currently pending.

Below is a list of those pending marks and the services they cover:

• WE ARE 12
  • Bottoms; caps; jerseys; pants; shirts; tops; wraps
  • Ticket reservations; entertainment services; community events; providing online newsletters
• GO HAWKS
  • Ticket reservations; entertainment services; community events; providing online newsletters
• BOOM
  • Ticket reservations; entertainment services; community events; providing online newsletters
• LEGION OF BOOM
  • Flags and banners of textile; fabric flags
  • Ticket reservations; entertainment services; community events; providing online newsletters
  • Beers
  • Automotive products
  • Promoting sporting events
  • Rubber or silicone wristbands
• LEGION OF YOUTH
  • Contests and incentive awards programs to encourage students and organization members to set up and achieve goals in academics, attendance, citizenship and conduct;
• BOOM GEAR BY THE LEGION OF BOOM
  • Clothing
• THE 12S
  • Ticket reservations; entertainment services; community events; providing online newsletters
• 12S
  • Ticket reservations; entertainment services; community events; providing online newsletters
• THE 12’S
  • Ticket reservations; entertainment services; community events; providing online newsletters
• BOOM ARM SOCKS BY THE LEGION OF BOOM
  • Clothing
• LOB GEAR BY THE LEGION OF BOOM
  • Clothing
• 12
  • Restaurant and bar services
  • Capes; Jerseys; Long-sleeved shirts and other clothing
• 
  • Ticket reservations; entertainment services; community events; providing online newsletters

So who wins the Trademark Bowl 2015?  As an IP attorney I’d lean towards the team with the more active trademark portfolio, especially considering its starting running back has done an incredible job marketing his own brand in the national spotlight.