Protecting Your Personal

Brand Through Trademark

Written by Robert Newkirk III, Dennis Schultz, and Leslie A. Thompson, Esq.
Table of Contents

03. Introduction
11. Timing & Term
04. Protecting Your Brand
13. Cost of IP Protection
07. Trademarks Versus Copyrights
15. Conclusion
09. Amateur Athletes
 INTRODUCTION

Athletes and celebrities are the most marketable

individuals on the planet. Their names are their
brands, and there is a lot of money to be made by
simply being associated with fame. Michael Air
Jordan was the first to use his last name and image
of his likeness to propel his brand into an
unprecedented lucrative stratosphere.

The lifespan of an entertainer and athlete is

limited. The ability to maximize their brand and talent
is paramount in staving off the next challenger ready
to take the mantle. Merchandising has become a
primary means to secure long term wealth.

Unfortunately, that means entrepreneurial individuals

who are not on the periphery of fame will want to
cash in, as well. Personas with large followings and
fan bases require protection from being exploited for
the profit of others.

Today, as proven by the mercurial rise of the savvy

Ball brothers of BBB (Big Ball Brand) headed by Los
Angeles Lakers rookie Lonzo Ball, athletes and
entertainers are becoming acutely aware of the power
of their name. There has never been a more
important time to get ahead of the curve and protect
your brand before someone else decides to monetize
its potential.

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 Protecting Your Brand

4
 P R O T E C T

Protecting Your Brand

Can you trademark your name? The simple answer is yes. There are two scenarios in which
you could trademark your name. You can trademark yourself as long as you are trademarking
in connection with a product or service you offer.

Trademarking Yourself What Trademarks Do and Dont Do def. A trademark is any

It is possible for an individual to trademark v Trademarking yourself will not allow name, symbol, figure,
an image of themselves as a products logo you increased legal recourse against letter, word, or mark
(e.g. Michael Jordan as the jumpman for people or entities that use your name adopted and used by a
Nike Air Jordan sneakers). In order to do so, or likeness. manufacturer or
you will have to demonstrate to the United merchant in order to
States Patent and Trademark Office that you v Trademarks do not protect private designate his or her
are using that logo to identify your products citizens from mention, nor will they
goods and to distinguish
and services from a competing entitys provide you with additional leverage
products. should someone slander you as a them from those
private citizen. manufactured or sold by
Your Name as Your Brand others.
v Trademarks only protect the
Another option would be to trademark your identifying aspects of a product or
name as the products brand name. If you
service linked.
already have a specific and distinct name for
your product, you should consider
incorporating your name into the products
slogan as that too can be trademarked.

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 P R O T E C T

Name Trademarking
5
Trademarks give you an exclusive right to use certain words, phrases, symbols, or designs to
identify your business. therefore, to trademark a name, you must:

Use your name in commerce

Have an intent to use your trademarked name in the near future

In other words, you can trademark a business name, but not a name that you only use for
personal purposes. Before trademarking the name, it is important to have a formal plan of how
you intend on commercializing the name and also incorporate yourself to show intent of said use,
preferably in the same name.

Steps to Trademarking Your Name

1. Conduct a trademark name search to ensure your name is available

2. File with the United States Patent and Trademark Office
3. Respond to challenges and oppositions

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 Trademarks versus Copyrights

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 V E R S U S

Trademarks
| versus |
Copyrights
While both trademarks and copyrights
offer intellectual property protection,
they protect different types of assets.

A copyright is geared toward literary and

artistic works, such as books, videos, and
even social media hashtags.

A trademark is any name, symbol, figure,

letter, word, or mark adopted and used
by a manufacturer or merchant in order
to designate his or her goods and to
distinguish them from those
manufactured or sold by others.

If you have, or aspire to have, millions of

fans or followers, you may be leaving
money on the table by not planning for
the future.

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 Amateur Athlete Considerations

9
 A M A T E U R
If you are an amateur / student athlete
seeking to trademark your name, your
amateur athlete status will not be
revoked. If the trademark seeker is a
minor, it is important to either have a
parent or guardian be the trademark
owner, or incorporate yourself and have
the company be the owner.
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If you are an amateur athlete, your parents
have the right to license and monetize your
trademark as long as none of the revenue
generated is directed to you.
Once you become a professional athlete,
you can at that time take an ownership
stake in the incorporated business that
owns the trademark or have the trademark
transferred to you for exclusive ownership.
The trademark holds the current and all
future intellectual property along with
revenue generated in past, current and
future licensing agreements.
AAU Basketball
The current policy for AAU (Waiver /
Release Authorization to Use Likeness
Names, Voice and Words) does not restrict
players from trademarking their name.
By submitting a membership application to
the AAU, the you authorize the AAU to:
Reproduce, disseminate, and/or publish
your name, nickname, image, voice,
signature, facsimile, biological information,
photograph, and/or likeness for media
coverage, public relations, or any other
purpose whatsoever, which may involve
the use of photographs, films, and/or
videotape recording and/or any other form
of media, whether currently in existence or
not, and understand that the AAU retains
title, exclusive and unlimited rights to all
internet streaming files including live and
archived games, interviews, and events.
 broadcast to the Internet.

Its About Time

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 T I M I N G

Why Wait To Protect Yourself

It is never too early to incorporate yourself and file for your personal trademark.
Even if you dont have a pending sneaker deal or reality television series, you
should still consider protecting your brand as early as possible.

Athletes are getting recruited by colleges and
professional teams as early as middle school.
You never know when your next social media
post will go viral. Prepare yourself for future
success.
Process
It is hard to predict how long it will take for an
application to mature into a registration since
many factors can affect the process. Generally,
an applicant will receive a filing receipt almost
instantly after filing. In addition, you should
receive an initial response from the US Patent
and Trademark Office within three months of
filing the application. The total application
processing time may take from 6 months to a
year and in some instances. even longer.
Overall processing time depends on your basis
for filing and any legal issues that arise in the
examination process.
Term
Once a trademark or service mark is placed on
the U.S. Patent and Trademark Office's
Principal Register, the owner receives a
certificate of registration good for an initial term
of ten years.

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Importance of IP Protection
versus Cost of IP Protection

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13
 C O S T
The True Cost of IP Protection
A Cautionary Tale
By Leslie A. Thompson, Esq.
In 1826, an English chemist named
John Walker invented the friction
matchstick by sheer accident. A stick
coated with a chemical composition
ignited when inadvertently scraped across
the hearth in his house. Walker's discovery
evolved into the friction matchstick made
from wood and the matchbox we know
today. He packaged and sold his
revolutionary invention from his own
pharmacy. Against the frequent urging of
others, Walker refused to patent his
invention even though he was ostensibly a
man of means. In 1829 in London, an
opportunist named Samuel Jones
duplicated Walker's matchstick and started
his own line of matchsticks. Billions of
matches are used annually today, but
Walker never enjoyed the financial windfall
he would have reaped if he had patented
his invention.
Circa 2003, an inventor named Telford
Thornhill III approached a patent attorney
with the idea of a touchscreen e-book that
would eliminate the need for students to
carry multiple books, pagemarks, and page
highlighters. This idea was the precursor of
the iPad, Kindle, and the like. Even though
Microsoft had a tablet PC out at the time, it
did not have the functionality of Thornhill's
invention. He was passionate about the
idea, but at the time his conviction greatly
exceeded his financial resources.
Prosecuting a patent application with a
conventional law firm can cost thousands
of dollars. The typical independent inventor
does not have the disposable income to
pay for a properly drafted patent
application. Pro se applicants often meet a
myriad of roadblocks they are not
equipped to maneuver and often leave
their inventions exposed and ripe for
pirating. Even as a patent troll, Thornhill
stood to make millions if he had patented
his idea.
Two inventors. A century apart. One
with means who did not think it was
important to properly protect his invention.
One with limited resources who could not
afford to properly protect his invention.
The latter is particularly troubling to me
because I am the patent attorney that
Telford Thornhill III approached. That story
haunts me to this day. The mission of My
IP is fueled by the desire to offer quality IP
services at a fraction of the costs, thus
affording the average entrepreneur,
inventor, or artist the opportunity to protect
the creations of their mind and reap any
financial windfall from those creations.
Being proactive about protecting your
intellectual property now will save your
immeasurable time, money, and litigation
in the future.
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Conclusion

15
 C O N C L U S I O N
In summary, it is in your best interest to protect your intellectual property.
There are many stories of individuals who did not perform the proper due
diligence to protect themselves or ideas and ended up forgoing millions of
dollars in the long run. Controlling your IP provides legal accountability and
gives you control over what is rightfully yours.
Recently publicized events indicate that the trend of NCAA athletes seeking
to control and monetize their brand is only going to gain momentum as
athletes begin to better understand their rights. Says Dennis Schultz, CEO of
Dark Hive, LLC.
According to Dark Hive Chief Strategist, Robert Newkirk III, What
differentiates My IP from traditional online trademark registration services is
that we walk our clients through all phases of monetizing their brand through
IP licensing in both the physical and virtual world.
If you have any questions regarding protecting your IP, visit the MyIP.Life
website or email the My IP team at info@myip.life.
Real Protection
Definitions of Reality Types
_____________________________
PHYSICAL REALITY
The tangible. How most trademarks are licensed and
regulated (e.g. shoes, books, etc.).
AUGMENTED REALITY
Technology that superimposes a computer-generated
image on a user's view of the real world, thus providing
a composite view. (e.g. Pokemon Go). An Internet
connected device is required as the real world is
merged with a reality layer.
VIRTUAL REALITY
Computer-generated simulation of a three-
dimensional image or environment that can be
interacted with in a seemingly real or physical way by a
person using special electronic equipment, such as a
helmet with a screen inside or gloves fitted with
sensors.
MIXED/HYBRID REALITY
The merging of real and virtual worlds to produce new
environments and visualizations where physical and
digital objects co-exist and interact in real time. Mixed
reality takes place not only in the physical world or the
virtual world, but is a mix of reality and virtual reality,
encompassing both augmented reality and augmented
virtuality via immersive technology.
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My IP Life provides intellectual property solutions designed to help individuals and small businesses
protect and manage their brand. My IP Life provides cost effective and comprehensive services
by legal and intellectual property professionals, My IP Life takes the guesswork out of personal IP
control. My IP Life is a wholly owned subsidiary of Dark Hive, LLC which is headquartered in
Parsippany, NJ. To learn more about Dark Hive or My IP Life visit www.darkhive.co or www.myip.life.

2018 Dark Hive, LLC. All Rights Reserved

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