NFL Wants to Trademark "The Big Game"

Already holding trademark rights to "Super Bowl," "Super Sunday," and just about every other phrase heard throughout professional football, the NFL now seeks to gain protection for the phrase "The Big Game."

The NFL was prompted to file for protection after Super Bowl advertisers circumvented the NFL's existing trademark rights by advertising their products for the "Big Game." Accordingly, many advertisers are less than thrilled with the NFL's application. Already, at least fifteen companies have filed for extensions with the trademark office for time to prepare objections, including Wal-Mart, Anheuser-Busch, and Taco Bell.

Also opposed to the NFL's actions are Stanford University and UC Berkeley. Every year since 1902, these schools play a football game that they dub the Big Game. The universities are upset because they feel their football game is ripe with history and tradition, and they fear that they might not be able to refer to it as the Big Game should the NFL be granted trademark rights. The NFL insists though that the filing was done in regard to NFL advertisers, and the college football game will not be affected.

Oppositions aside, the NFL also faces some trademark law hurdles in its attempt. The trademark office might rule that the phrase is generic and therefore not eligible for protection. Similarly, if the trademark office rules that the phrase is descriptive, then the NFL needs to show that the phrase has established distinctive character in the marketplace. Although the NFL does not refer to its Super Bowl as the Big Game, advertisers have done so, and this might be enough for the trademark office to grant the NFL its trademark rights.