Usain’s Trademark Not a Bolt from the Blue
Track star Usain Bolt made headlines recently for filing a new trademark application for his signature victory pose:
This application identifies a range of goods including clothing, eyewear and games as well as entertainment and restaurant services. Some of those articles suggested the filing could be an indication of the direction of Bolt’s post-racing career.
But in fact, Bolt, who retired in 2017 at the age of 30 and is still considered the fastest man on the planet, has owned registered trademark rights for this logo in the United States and elsewhere for more than a decade. For example, his U.S. registration for the logo covering sports bags and similar goods was registered in 2012 and is currently active.
A registration for a variety of goods from clothing to beer as well as entertainment services was canceled in 2017 for failure to file a required declaration that the mark remains in use in the U.S., although that registration covered a slightly different version of the logo:
A likely trigger for Bolt’s latest trademark application is not his post-running career, but rather the cancellation of his prior registration, on June 24, 2022, which covered very similar goods. While we noticed that the new application does include some additional services – restaurant services – it’s likely that the real reason for the new application is much more commonplace than Bolt’s blazing fast 100-meter dash. All trademark owners – not just the world’s fastest man – must periodically maintain their registrations. Among other requirements, the trademark owner must file proof of the current U.S. use of the mark. For registration owners who can’t show current use of a mark, one common strategy is to file a new application around the time the old registration lapses. While a pending application does not give the owner the same protections of a registration, it can help protect against an intervening trademark application for a similar mark.
It can be hard to keep track of maintenance dates, particularly if you have more than one registration because they are years from the registration date, and it is only one of many issues that can cross a business’ desk on any given day. This is just one of the reasons why it can be helpful to engage with reputable trademark counsel – to help you make sure you stay on top of your deadlines and protect your valuable intellectual property.
Whether you’re a sports star, a small business, or a global company, this is the victory symbol Markery Law is proud to help our clients achieve AND maintain:®