“Tebowing” Moves One Step Closer To Registered Trademark Status With USPTO

Trademark Infringement San Diego – Tim Tebow’s “Tebowing” slogan is now one-step closer to trademark registration. “Tebowing” became a widespread phenomenon when the second year player now with the New York Jets was photographed bowing in prayer in the end zone. His pose, head bowed, down on one knee, with a clenched fist against his forehead quickly became a sports fan favorite.

Not long after the pose became popular, Jared Kleinstein, a Denver-born Broncos fan, started a website, www.tebowing.com, and began using Tebow as a verb. At that time, Tebow approved of the growing phenomenon, even going as far as to say he loved the hype over “Tebowing” on his twitter account. Later that year, Kleinstein filed an application to trademark the slogan “Tebowing” and began to sell items of clothing with the phrase on it.

However, as the Kleinstein application moved forward, XV Enterprises, a marketing and consulting firm owned by Tim Tebow, protested the application. Through his trademark attorney, Tebow argued that consumers would incorrectly think the Kleinstein goods were connected to Tebow or his charity the Tim Tebow Foundation. XV Enterprises hopes to register the trademark on Tebow’s behalf for use on such items as clothing, pencil sharpeners, and holiday ornaments.

Because of XV Enterprises’ opposition, the trademark office issued a refusal of registration to Kleinstein in February saying the material “includes matter which falsely suggests a connection with Tim Tebow. Accordingly, registration is refused under Trademark Act Section 2(a).” U.S. Patent and Trademark Office records show that there have been a number of applications for Tebow related trademarks in the last year. Most of the applications have already been rejected. After Kleinstein’s recent application for “Tebowing” was rejected, Tebow’s company immediately filed an application to claim the trademark.

In early October, the trademark “Tebowing” was published for opposition. As such, the trademark will be published and anyone who wants to oppose the registration has 30 days to provide adequate reasoning why the registration should not move forward. If no one opposes the registration, or the opposition is ruled to be unsubstantiated, then Tim Tebow’s company will officially own the trademark for “Tebowing”.




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