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Patriots Granted Registrations for “Perfect Season” That Never Was

By Tucker Chambers on February 9, 2017
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Regardless of which team you were rooting for, this year’s Super Bowl (a/k/a the Big Game) was an exciting one to watch, with the Patriots making a surprising comeback in the second half, racking up 31 consecutive points to overcome the Falcons 28-3 lead. A number of records were made this year, including the first overtime in Super Bowl history, the biggest comeback in Super Bowl history, and the first quarterback to win five Super Bowls.

However, one record that was obviously not made this year was a perfect, 19-0 season by the Patriots. In fact, that’s never happened. The closest they’ve gotten is 18-1, after their 14-17 loss in 2008’s Super Bowl XLII to the New York Giants (secured in large part by David Tyree’s famous helmet catch–which the Patriots finally avenged this year with Julian Edelman’s unreal ankle catch).

Because the Patriots haven’t yet had a perfect season, it might come as a surprise that the team was recently granted trademark registrations for “PERFECT SEASON” (Reg. No. 5095619) and “19-0” (Reg. No. 5100521). These two registrations cover mostly the same goods and services in five classes, including for example, several types of clothing, toys and sporting goods, and providing sports and entertainment information. The Patriots had optimistically filed applications for these trademarks in January 2008, before their Super Bowl loss to the Giants, resulting in an 18-1, un-perfect season. After numerous office actions and extension requests over the course of nine years, registration was granted for both marks a couple months ago.

One of the requirements for a trademark registration is actual use in U.S. commerce–so you may be wondering how this requirement was established when the Patriots have never had a perfect season or attained a 19-0 record. Although thousands of T-shirts were printed in anticipation of a “perfect” season before the 2008 Super Bowl, they were shipped to other countries and never sold in the U.S., and thus no use in commerce occurred.

The Patriots found an interesting workaround that was accepted by the USPTO. They licensed the use of the “PERFECT SEASON” and “19-0” marks to the Massachusetts Interscholastic Athletic Association, which produced a DVD of the 2015 state football championship game between two high school teams–Xaverian Brothers and Central Catholic. Xaverian prevailed and accomplished a perfect season, winning its 24th straight game (spanning two seasons). As for the specimen (the proof of use in commerce), the Patriots submitted a photograph of the DVD about that championship game, bearing the printed labels “A Perfect Season” and “A 19-0 Product.”

One might question the Patriot’s efforts and use of resources over nine years to trademark two phrases that probably aren’t usable or profitable for them from a branding perspective (at least not yet)–I can’t imagine many consumers would be interested in purchasing goods or services from the Patriots bearing these marks. Also, it will be unfortunate if one of the other 31 NFL teams goes undefeated before the Patriots do, as the Patriots might try to prevent that team from commemorating a “perfect season” on their merchandise. On the other hand, maybe the Patriots will attempt some other creative, optimistic uses of the marks, before their “perfect season” is actually accomplished. What do you think?

Photo of Tucker Chambers Tucker Chambers

View my professional biography

I’ve always been fascinated by brands, logos, slogans, and other creative works. I remember in my first year of middle school, asking my parents for the Adidas “three stripe” shoes to match my friends at school. And I vividly…

View my professional biography

I’ve always been fascinated by brands, logos, slogans, and other creative works. I remember in my first year of middle school, asking my parents for the Adidas “three stripe” shoes to match my friends at school. And I vividly recall various McDonald’s commercials and billboards, with the golden arches and the ubiquitous slogans, such as “We Love to See You Smile” (which, in my teenage years, changed to the allegedly hipper slogan “i’m lovin’ it”). And other endless logos and characters would intrigue me at the grocery store. I remember wondering why the little ® and © symbols were there, and what they meant—and eventually, this all led to an interest in trademarks and copyright law.

I was also drawn to intellectual property law based on my interests in technology, computers, and robotics. In my high school years, a small group of friends started a robotics team and asked me to join. We built a makeshift robot (primarily from plywood and pool noodles) and somehow ended up winning a regional competition. The following year (with a significantly more sophisticated robot), we advanced to the national championship.

My interest in practicing intellectual property law also grew through my law school courses and research work with my intellectual property professor, Ruth Okediji. In particular, one of my courses allowed me to embark on a week of extracurricular traveling to conduct pro bono work for a non-profit organization, including a visit to Tetiaroa in French Polynesia (a two-square-mile atoll, about three hours by boat from Tahiti). I worked diligently on some trademark matters, while sitting by the beach, sipping on fresh coconut water. Needless to say, that beach-side adventure set a high bar for the real-world practice of intellectual property law—but thus far I have not been disappointed.

Outside of work, I enjoy spending time with my wife and family, trying out new restaurants in the Twin Cities area (especially Italian and Latin American), playing tennis, and catching up on my favorite TV shows (current favorite: Stranger Things) or watching movies—especially spy thrillers, mind-benders, or futuristic sci-fi (all-time favorite: Inception).

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  • Posted in:
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