

NIL includes things that can identify you, like your:
Companies might pay to use your NIL to promote their products and services. For example, a company could pay you to post a photo wearing their clothing or to appear at a promotional event.
A trademark is a word, phrase, design, or a combination that:
Identifies your goods or services
Indicates their source
Sets them apart from other people’s goods or services
It’s how customers recognize you in the marketplace and distinguish you from your competitors. Learn more about what’s a trademark.
If you have an NIL deal or you’re using your NIL in connection with goods or services, you likely already have a common law trademark. But obtaining federal trademark registrations for your NIL offers more benefits:
Registration requires that you use the trademark in commerce and meet legal requirements for the specific goods or services.
Learn more about why to register your trademark and what to expect during the application and maintenance process.
NIL | Federally registered trademark | |
|---|---|---|
| What it can include | Your name, image, voice, signature, or other personal identifiers | Your brand name or logo, which could include your name, image, or likeness |
| Do you need to provide goods or services? | No, but your NIL can be licensed by sponsors to promote their goods and services | Yes, it identifies you as the source of your goods or services |
| What it tells consumers | You endorse products or services | You (or your brand) made, sold, or provided the goods or services |
| How you earn profit | Directly from things like endorsements, appearances, and sponsorships | Directly from the sales of your branded goods or services and licensing deals |
| How it's protected | State law, organizational policies, and contracts | Federal law (nationwide) |
Trademark: Saquon Barkley (full name)
Goods and services: Endorsement services, namely, promoting the goods and services of others; entertainment services, namely, personal appearances by a sports celebrity
Trademark: Tom Brady (full name)
Goods and services: Entertainment services in the nature of personal appearances by a sports celebrity
Trademark: Danica (first name only)
Goods and services: French rosé wine
Trademark: Wayne Gretzky Estates No. 99 (logo)
Goods and services: Include promotional items, clothing, beer, distilled alcohol, and operation of a winery
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