Deadline to Register Bills Mafia Trademark Looms
June 26, 2024
In October 2020, the Buffalo Bills LLC (the “Bills”) applied to the United States Patent and Trademark Office (USPTO) seeking federal trademark registration for two “Bills Mafia” trademarks. The Bills have failed, thus far, however, to complete the process.
For the next six months, or so, the Bills have the exclusive right to register “Bills Mafia” in either standard characters (SN90248260) or “Bills Mafia” in a stylized form, (SN90248264) for a wide variety of clothing items. This is because both Bills applications were based on the Bills bonafide intent to use, not actual use of the Bills Mafia trademarks in interstate commerce for these clothing items. Based on that claimed bonafide intent, both Bills trademark applications were “allowed” by the USPTO in December of 2021. That “allowance” opened-up six-month periods within which the Bills were required to file allegations of use of the “Bills Mafia” marks in commerce accompanied by specimens of items of clothing branded with one or both claimed Bills Mafia trademarks. That “allowance” also, however, entitled the Bills to extend the six-month periods for five, additional, consecutive six-month periods, if more time was needed to file allegations of use of the “Bills Mafia” marks and appropriate specimens.
On June 12, 2024, the Bills filed for their final and last extensions of time to allege use of the Bills Mafia marks in commerce and to submit specimens for any of the clothing items which they claim to have a bonafide intention to manufacture, distribute, or sell under the “Bills Mafia” brand. These final extensions of time expire in mid-December 2024 so the Bills are “on the clock” now to get it done.
If the Bills fail to file allegations of use with specimens of clothing under the Bills Mafia brand by December 12, 2024, both current Bills “Mafia” trademark applications will likely be deemed “abandoned”. Whether the Bills (or perhaps someone else) may then try to file new applications and seek federal trademark protection for “Bills Mafia” branded clothing or other goods remains to be seen.
Note well that the Bills still own other valid and subsisting registered “Bills” trademarks and service marks. If abandonment of the Bills current “Bills Mafia” trademark applications should occur, third parties would still be well advised to proceed with “Bills Mafia” branding or trademark applications with caution.
Les Greenbaum is an experienced attorney who focuses his practice in the areas of trademark, copyright, entertainment, art and sports law, unfair competition, and related litigation. He can be reached at Gross Shuman P.C. by calling 716-854-4300 ext. 230 or [email protected].
