Zion Williamson Seeks to Stop Use of ‘Zion’ in New Trademarks

Zion Williamson is a hot commodity in the sports world these days. The basketball player has been garnering national attention since his time in high school and the USPTO granted ‘Zion’ and ‘Zion Williamson’ trademarks to the athlete.

In a new trademark opposition, Williamson appears ready to assert rights over those trademarks. Whether or not the USPTO agrees with his claim, however, could depend heavily on just how established the player’s name is in the eye of the public. The decision may also have major ramifications for current and future brands with “Zion” in their names.

Is the Zion Williamson Trademark in Danger?

The USPTO granted the athlete’s trademark registrations over these terms less than one year ago — in July and August 2021. Just months before these were approved, however, an application for “Zion Influencers” was filed at the Trademark Office.

The Zion and Zion Williamson trademarks each predate this filing — both in submission to the USPTO and in their date of first commercial use. This makes it highly unlikely that the athlete’s trademark is in danger, but the question is whether he can block the registration of “Zion Influencers.”

In his opposition filing, Williamson claims that registration of the opposed trademark will result in a likelihood of confusion. He also states that registration of the term would create a false suggestion in the public’s mind that he is connected to the brand.

Can Zion Claim Absolute Rights Over Zion?

Traditionally, an entity cannot claim trademark rights outside of its industry and natural zone of expansion. It appears that the basketball player — even with recognized rights over the Zion and Zion Williamson trademarks — may be attempting to do this. The trademark classes listed on Williamson’s filings protect his brand in the following areas:

• Endorsement services
• Autographed goods
• Sports memorabilia
• Digital sports memorabilia
• Clothing
• Entertainment and education services
• Providing information via print publications

On the other hand, the filing for “Zion Influencers” states the trademark will be used for marketing services. While “endorsement services” and “marketing services” seem somewhat linked, the question is whether they’re close enough to confuse consumers. For instance, might a normal consumer think “Zion Influencers” is somehow linked to Zion Williamson?

In his opposition, Williamson also points out that he’s an influencer in the sports world. This claim could make or break his case. There are over 150 live trademarks with the label “Zion” in the Trademark Electronic Search System. This could interfere with the player’s one-name recognition aspirations, but the marketing services in question may still be seen as related.

Now What Happens to the Zion Williamson Trademark

Zion Williamson has undeniable rights over his name with the U.S. Patent and Trademark Office. Whether these rights extend beyond the sporting world, however, is a different issue altogether. If the applicant for Zion Influencers wishes to garner trademark protection, an answer must be filed by May 24, 2022 with the Trademark Trial and Appeal Board.

If no answer is filed, Zion Williamson will prevail and the Zion Influencers will abandon.  If the two parties do end up before the TTAB, it will be interesting to see how the case unfolds.