“Super Bowl” is a registered Trademark and permission is required to use it in advertising and promotions. 7

“Super Bowl” is a registered Trademark and permission is required to use it in advertising and promotions.

The NFL owns the registered trademark “Super Bowl” and using their trademark in a commercial context requires authorization.  For example you must get permission from the NFL to use the term “Super Bowl” in commercials, promotions and advertising of any kind, including ticket giveaways.  By contrast, the term “Super Bowl” can be freely used in news stories, commentary or discussions.  The difference in these two examples is commercialization.  If a trademark is used for a commercial purpose, then the use must be authorized by the trademark owner.

Many trademark owners aggressively police their trademarks and it is important to keep in mind that commercial use of a trademark term requires authorization.

See also: USPTO registrations #3138590, #3343714, #76572704, #0882283, and #0846056 at www.uspto.gov; Owning a Trademark = Power (Exclusive Use of a Trademark); @iplegalfreebies and www.kasterlegal.com.

BY: Vanessa Kaster, Esq., LL.M.

vk@kasterlegal.com

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