Will the Washington Commanders Make Its Mark?

The U.S. Patent and Trademark Office (USPTO) rejected the trademark application filed by the newly branded NFL team, the Washington Commanders, signaling concern over whether the team’s reputation and brand can make a comeback. Mark Sommers told World IP Review that the USPTO’s initial office action will have no consequence or impact on the right of Washington, DC, professional football franchise to use ‘Washington Commanders’ as the name of the team and associated affinity merchandise.

“The initial refusal raised by the USPTO examining attorney concerned a prior registration covering an armed services football bowl game, along with some anticipatory citations of two prior-pending intent-to-use applications for ‘Washington Space Commanders’ and ‘Washington Wolf Commanders,’ covering ‘shirts’ by an enterprising trademark squatter [McCaulay],” Mark said.

Mark added that the USPTO’s decision, “will not and cannot serve as an impediment to an applicant’s use,” since the USPTO is jurisdictionally limited to making determinations of the right to register trademarks—not the right to use them.” He also said that this is only an initial refusal, and the team will have the opportunity to file a response, “be that arguing against the refusal, submitting a co-existence agreement, or various other options.”

From Mark’s point of view, “The bigger and more interesting question concerns whether the Commanders’ name will be jettisoned in favor of a new name, given a much-needed fresh start for that franchise after its sale from a much-maligned and legally impugned prior owner to its new investor group.”

Read “Will the Washington Commanders Make Its Mark?”