Small Business IP Protection and Management

March Madness Trademark

It is amazing the number of search hits this blawg gets for March Madness as a trademark this time of year.  In order to keep up with the demand, below is a post from a couple of years ago that might be of interest.  In addition to the information below, also see Wikipedia.

Is "March Madness" considered a trademark?  The short answer is yes, as decided by the United States District Court for the Northern District of Texas, Dallas Division in 2003.  There is actually a class of registered trademarks owned by the March Madness Athletic Association.  Who is that you ask?  The MMAA is actually a holding company formed by the NCAA and the Illinois High School Association.  Sound like an odd combination?  Apparently, the IHSA has used the term "March Madness" since 1939 for a state high school basketball tournamnent.  For a full history of the term as used by the IHSA, visit the History of March Madness page of the IHSA web site.  The NCAA has been using the mark for nearly 25 years.

March Madness Trademark

Back by popular demand.  The number of searches looking for "March Madness" as a trademark have been on the increase.  Therefore, it appears to be time to bring back a post from last year discussing the subject.

Is "March Madness" considered a trademark?  The short answer is yes, as decided by the United States District Court for the Northern District of Texas, Dallas Division in 2003.  There is actually a class of registered trademarks owned by the March Madness Athletic Association.  Who is that you ask?  The MMAA is actually a holding company formed by the NCAA and the Illinois High School Association.  Sound like an odd combination?  Apparently, the IHSA has used the term "March Madness" since 1939 for a state high school basketball tournamnent.  For a full history of the term as used by the IHSA, visit the History of March Madness page of the IHSA web site.  The NCAA has been using the mark for nearly 25 years.

Also see Wikipedia.

Could marketing firms be taking short cuts?

With the speed and ease of obtaining things over the Internet, Phosita has a post that may make you use a bit of caution.  In a post called "'Cheap' Logo Design Can Be Costly", Phosita warns about possible trademark infringement when using discount logo designers.  Even though these discount designers may provide a cheap source for logos, the importance of conducting a trademark search before beginning to use a proposed mark is illustrated.

Trademark Information - Basics for A Small Business

Often, the most valuable assets for a small company are trademark rights. A trademark has two functions. The first function is to identify goods as to source. Note that although "goods" are used herein, the information described also applies to services. Second, the trademark functions to distinguish goods from other goods.

Trademark rights begin upon first use in commerce, and become stronger over time. Upon first use of the mark, it is permissible to use the ™ symbol on the mark. Often called a "common law trademark", an entity is free to use the symbol to place others on notice that the entity considers the mark to be its trademark.

Use of the ® symbol, however, can only be used after an entity has obtained a federal trademark registration. Once a mark has been used, an application for trademark registration can be filed. Alternatively, if the mark has not yet been used in commerce, one can file an application based upon a bona fide intent to use the mark. By filing an application in this manner, rights to the mark can be preserved for later use of the mark.

Prior to use of a trademark, a trademark search or clearance should be conducted. The purpose of the search is to determine if the mark is being used by another entity. The search also helps to identify similar marks used for related goods which could be confusingly similar. By conducting the search, substantial costs can be avoided if a desired mark is being used by another or is considered to be confusingly similar to the mark of another. Once the search is complete, an application for registration of the desired mark can be filed.  Information required for registration will be provided in a later post.

For more information, visit the trademark section of the USPTO web site.

March Madness Trademark

Is "March Madness" considered a trademark?  The short answer is yes, as decided by the United States District Court for the Northern District of Texas, Dallas Division in 2003.  There is actually a class of registered trademarks owned by the March Madness Athletic Association.  Who is that you ask?  The MMAA is actually a holding company formed by the NCAA and the Illinois High School Association.  Sound like an odd combination?  Apparently, the IHSA has used the term "March Madness" since 1939 for a state high school basketball tournamnent.  For a full history of the term as used by the IHSA, visit the History of March Madness page of the IHSA web site.  The NCAA has been using the mark for nearly 25 years.

Also see Wikipedia.

Old time rock and roll?

In a new trademark case, rock and roll hall of fames square off against one another.  For more, including links, see a post on Phosita.