January 30, 2017

THE PROCESS of Joel Embiid's Trademarks

It seems my step-twins and Joel Embiid have something in common: they all love Shirley Temples. Embiid prefers his made with ginger ale and grenadine and allegedly drank as much as a pitcher a day while recovering from an injury.

Shirley Temple

Embiid's love of Shirley Temples is so strong that he decided to build a brand around it. Following the lead of Steph Curry and Jeremy Lin, last October Joel Embiid filed two trademark applications for his nickname THE PROCESS:

Shirley The Process
The Process Shirley

The applications were all filed on an intent to use basis for a variety of goods including apparel, cell phone cases, rubber bracelets, children's books, and pre-bottled Shirley Temples. I have no doubt that pre-bottled Shirley Temples will be a hit with kids.

A party with a bona fide intent to use a mark in commerce in connection with specific goods or services may file an application on the basis of intent to use. However, before the mark can be registered, the applicant must actually use the mark in commerce in connection with all the goods and services listed in the application. A declaration attesting to this use must be filed, as well as specimens showing use of the mark in connection with each class of goods and services. Any good or service not actually used by the applicant must be deleted from the application before the application proceeds to registration.

Embiid was named Eastern Conference Rookie of the Month in November and is gaining popularity among basketball fans. Like Draymond Green, Embiid is known for his social media presence.

Speaking of Draymond Green, he also realized the value of owning his own intellectual property, and filed a trademark application to protect MONEY GREEN for sweaters, sweatshirts, and t-shirts. This application has now proceeded to registration, which means that the mark is actually in use in commerce for the goods listed in the application. Anyone dying for a Draymond Green t-shirt can purchase them on the Athlete Originals website.

To learn more about Embiid's social media presence and his love of Shirley Temples, check this video out: http://www.espn.com/video/clip?id=17821698