Tom Brady became even more disliked in New York this week when news broke that the New England Patriots quarterback was filing for trademark protection of “Tom Terrific.”
New York Mets fans were incensed seeing as they viewed Hall of Famer and three-time Cy Young award winner Tom Seaver the OG “Tom Terrific.”
Brady, a thorn in the side of New York fans for years, said Thursday it was all a misunderstanding and he was using the trademark to block others.
Brady not ‘Tom Terrific,’ just ‘Tom’
Brady spoke at Patriots mandatory minicamp and explained what he meant to do by filing for a trademark. It revolves around not liking the nickname “Tom Terrific.”
— The Camera Guys (@NBCSCameraGuys) June 6, 2019
“I was actually trying to do something because I didn’t like the nickname and I wanted to make sure no one used it. Because some people wanted to use it,” Brady said. “So I was trying to keep people from using it and then it got spun around from what it was.”
Brady called it a “good lesson learned and I’ll try to do things a little differently in the future.”
Brady: No disrespect to Tom Seaver
The trademark blew up in part because the Mets’ official Twitter account took issue with the move.
— New York Mets (@Mets) June 3, 2019
Fans went so far in their grandstanding over the issue, one business owner made a show of throwing beans at Brady’s jersey.
Brady said he meant no disrespect to the Mets or Seaver, who led New York to the 1969 World Series, and had no “ill manner” in the filing.
When asked if he would be using it on merchandise, Brady replied “I hope not,” but he will need a special circumstance to own the trademark and not produce goods with it.
‘Tom Terrific’ coming to T-shirts?
Per the filing with the United States Patent and Trademark Office (USPTO), the “Tom Terrific” word mark will be used for T-shirts as well as trading cards, posters and photographs. This list can not be made more broad once filed.
According to Gerben Law Firm PLLC, which first reported the trademarks, they must “be in use in commerce” for the trademark “to register.”
The goods listed in the filings must be sold to consumers to stay live, according to USPTO regulations.
TEB Capital Management, the company that owns his TB12 brand, made its request May 24 as a 1B filing, known as “intent to use your trademark in commerce.” Per the USPTO Section 1(b) timeline, USPTO will review the application in about three months and make its decision within the following month.
A lawyer specializing in intellectual property detailed for The Boston Globe the problems Brady and his team would run into trying to get the trademark approved by USPTO.
After a lengthy process that includes opposition periods, the person pursuing awarded a trademark needs to file a Statement of Use and eventually a declaration that the trademark is either in use or falls under the “excusable nonuse” that applies to “special circumstances.”
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