Legal Question in Intellectual Property in California

My question concerns trademarks. I want to convince the Houston Rockets basketball team to sell clothing items with photos of Dwight Howard and James Harden on them, and include my phrase, "H2Oh!" (not in quotes). Do I need to trademark H2Oh!? Thank you!

Asked on 11/06/13, 7:30 am

1 Answer from Attorneys

Frank Natoli Natoli-Lapin, LLC

You have a problem here. While you can trademark the term for say class 25 clothing, and assuming there is no present conflict, no one will know what it refers to without the accompanying player images right? Well, these you cannot use on your own with permission, which comes in the form of a licensing agreement, which you are very unlikely to obtain on your own.

You can pitch the idea of course, and even file the mark as an intent to use, but if they really loved the idea they frankly don't need you to do it. They can merely wait out your extension periods knowing that you will not be able to make use of it.

If you would like to discuss further over a free phone consult, feel free to contact me anytime that is convenient.

Kind regards,



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DISCLAIMER: this is not intended to be specific legal advice and should not be relied upon as such. No attorney-client relationship is formed on the basis of this posting.

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Answered on 11/06/13, 7:39 am

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