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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, which could be "endorsement services, namely, promoting the goods and services of others" |
| 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, limited federal laws, organizational policies, and contracts | Federal law (nationwide) |
If you’re using any of these NIL types as source identifiers in commerce, consider filing for trademark registration:
These celebrities were using their NIL as trademarks and took the extra step of federally registering them for nationwide protection.
Trademark: Saquon Barkley (full name)
Registered for: Endorsement services, namely, promoting the goods and services of others; entertainment services, namely, personal appearances by a sports celebrity
Trademark: Tom Brady (full name)
Registered for: Entertainment services in the nature of personal appearances by a sports celebrity
Trademark: Danica (first name only)
Registered for: Sports and entertainment services in the nature of conducting and participating in automobile races, T-shirts, shirts, tank top, and French rosé wine
Trademark: Wayne Gretzky Estates No. 99 (logo)
Registered for: Promotional items, clothing, beer, distilled alcohol, and operation of a winery
AI is here. If you want to protect yourself from being impersonated, take these actions:
Yes, to some extent. NIL rights are generally protected under state law, and protections vary by state. Most states have enacted personality rights statutes that prevent others from using your NIL commercially without permission.
There’s no federal law for personality rights yet, but the U.S. Trademark Act can protect your NIL when it’s used commercially as a trademark on goods or services. If you’re using your NIL in connection with goods or services, you may have a common law trademark already.
If you are selling goods or services under your name, or you have a branding or endorsement deal with a company, you likely already have common law trademark rights in your name or other identifiers that are used on the goods or services. This may give you additional options such as allowing you to file a lawsuit in federal court under the Trademark Act.
But getting ahead of the problem is the best approach if you’re using or planning to use your NIL as a trademark: file an application to register your trademark with the USPTO before misuse occurs. This is the most powerful way to establish and protect your rights nationwide.
Most applicants use U.S.-licensed trademark attorneys for legal advice regarding the use of their trademark, filing an application, and the likelihood of success in the registration process, since not all applications proceed to registration. A U.S.-licensed private trademark attorney (not associated with the USPTO) may help you avoid many potential pitfalls.
The base application fee is $350 per class. You may be charged additional fees based on the completeness and complexity of an application.
If your application is based on a bona fide intent to use the mark in commerce (Section 1(b)), additional documents and fees will be required at a later time. See our intent-to-use applications page for more information. For a full list of current fees, see our fee schedule page.
