Written by: Jacob Reynolds
Edited by: Shafali Raj
With the advent of Name, Image, and Likeness (“NIL”) rights for college athletes, establishing and safeguarding a personal brand has become essential for those who wish to take advantage of this relatively new legal landscape.[1] Trademarks serve as a fundamental tool, enabling athletes to license their brands and negotiate more favorable endorsement deals.[2] Understanding the trademark registration process and its significance is essential for athletes seeking to build a successful and sustainable brand.
The federal trademark system and enforcement remedies are found in the Lanham Act.[3] An individual can claim exclusive rights to words, phrases, logos, or other brand identifiers.[4] For student athletes, this translates into three key benefits. First, this creates assets that can be licensed or sold by the athlete for their benefit.[5] Second, they provide protection through legal remedies for unauthorized use of their brand.[6] Lastly, having a trademark over your own brand increases leverage for negotiations in endorsement deals.[7]
Impact of House v. NCAA on Athlete Branding
The House v. NCAA case, filed in 2022, challenged the NCAA’s restriction on student-athletes’ ability to profit from NIL, arguing that these rules violated antitrust laws and restrained fair compensation.[8] In June 2025, a settlement was reached that allowed Division I athletes to receive direct compensation and participate in third-party NIL deals under specific frameworks.[9] The settlement has enabled Division I schools to directly compensate athletes. Athletes are now permitted to license their trademarks to companies to create merchandise and digital content.[10] This development offers athletes better protection by enabling them to have greater autonomy over their personal brand, which reduces the risk of exploitation. For example, Graham Mertz, a former starting quarterback for the University of Wisconsin and the University of Florida, filed a trademark centered around his initials.[11] He intended for the logo to be available on “wearable garments and clothing, namely shirts; sports caps and hats.”[12] His merchandise is now available online, allowing him to capitalize on his trademark and the opportunities provided by the NIL regulations.[13]
How to File a Trademark
Obtaining a trademark can distinguish an athlete in an oversaturated market. A registered trademark can signal one’s professionalism and seriousness to potential sponsors, which will, in turn, increase negotiating power. Every athlete should know how to file a trademark. All in all, it is relatively easy and can be done by anyone. To obtain a registered trademark, it must be used “in commerce and classify goods or services.”[14] The steps are as follows: (1) conduct a trademark search, (2) determine the basis for filing, and (3) prepare and submit the application.[15] Once complete, the U.S. Patent and Trademark Office (“USPTO”) will review your application and, once approved, will publish it in the Official Gazette for thirty days to allow other parties to oppose the registration.[16] After the thirty days are up and no opposition has been filed, the USPTO will issue a registration certificate.[17]
In the ever-evolving landscape of college athletics, Trademarks have become a powerful tool for those looking to capitalize on NIL.[18] By securing their personal brands, athletes gain protection and can create valuable assets. As NIL opportunities continue to grow, understanding trademarks and strategically using them will be essential for athletes who wish to build their own brand with legal protection.[19]
[1] Igor Demcak, The Role of Trademarks in Sports: How Athletes and Teams Protect Their Brands, TramaTM (June 2023), https://www.tramatm.com/blog/category/media/the-role-of-trademarks-in-sports-how-athletes-and-teams-protect-their-brands [https://perma.cc/F2LH-CPWL].
[2] Id.
[3] 15 U.S.C § 1051.
[4] Id.
[5] Michael N. Cohen, 2024 NCAA NIL Rules: Changes, Intellectual Property, and Trademark Rights for Student-Athletes, Patent Law IP (Sep. 10, 2024), https://patentlawip.com/blog/2024-ncaa-nil-rules-changes-intellectual-property-and-trademark-rights-for-student-athletes [https://perma.cc/F5D9-LFDG].
[6] 15 U.S.C § 1114.
[7] David A. McCarville, Considerations for Businesses and Student-Athletes Negotiating Name, Image, and Likeness Deals, Fennemore Law (Jan. 04, 2024), https://www.fennemorelaw.com/considerations-for-businesses-and-student-athletes-negotiating-name-image-and-likeness-deals [https://perma.cc/E3LV-XGFF].
[8] Plaintiffs’ Motion for Final Settlement Approval, In re college athlete NIL Litigation, Case No. 4:20-cv-03919-CW (N.D. Cal. June 6, 2025), https://www.courthousenews.com/wp-content/uploads/2025/06/ncaa-nil-litigation-settlement-final-approval.pdf [https://perma.cc/5U2M-M4UP].
[9] Id.
[10] Id.
[11] Barrett Sallee & Ben Kercheval, Wisconsin QB Gram Mertz Files for Trademark on Personal Logo Ahead of NIL Laws Going into Effect, CBS Sports (June 30, 2021), https://www.cbssports.com/college-football/news/wisconsin-qb-graham-mertz-files-for-trademark-on-personal-logo-ahead-of-nil-laws-going-into-effect [https://perma.cc/9WJH-NATS].
[12] Id.
[13] GrahamMertz, https://grahammertzstore.com [https://perma.cc/FYG6-XX82].
[14] Bruce Siegal, Esq., College Athlete NIL: Guarding the Brand, An IP Perspective, Greenspoon Marder, https://www.gmlaw.com/news/college-athlete-nil-guarding-the-brand-an-ip-perspective [https://perma.cc/KU2A-957M].
[15] U.S. Patent & Trademark Office, Trademark Basics, USPTO, https://www.uspto.gov/sites/default/files/documents/TM-Registration-Toolkit.pdf [https://perma.cc/RJ6T-QTF8].
[16] Id.
[17] Id.
[18] Siegal, supra note 14.
[19] Id.
