Tour de Trademarks – Fin

Congratulations to Chris Froome for winning the Maillot Jaune and the polka-dot jersey, Peter Sagan for winning the green jersey, and Nairo Quintana for winning the white jersey! Thank you all for a great Tour!

Last trademark tidbit for this year’s Tour – we hear it throughout the race – the Maillot Jaune! The Yellow Jersey. The leader of the general classification, the overall leader of the race, wears the Yellow Jersey. En Français – le Maillot Jaune.

But, has anybody registered Maillot Jaune as a trademark with the USPTO? Or applied for it?

In 2012, the Societe du Tour de France filed an intent to use trademark application for Maillot Jaune for:

Pedals for bicycles, pannier bags for bicycles; bicycle saddles and covers; horns for bicycles; baby seats for bicycles; rearview mirrors for bicycles; chains for bicycles; pedals for bicycles; fenders for bicycles; handlebar grips and handle bar ends for bicycles; bells for bicycles; kickstands for bicycles; baskets for bicycles; training wheels for bicycles; pumps for bicycles; trailers for bicycles; fitted bike covers; kits for making a bicycle; bicycle wheels; tricycles; push scooters

But, that application was abandoned in May 2014 because no statement of use or extension to file a statement of use was filed.

Back in 2000, Trek filed and registered Maillot Jaune, Registration 2,514,791, for:

Bicycles, bicycle frames and bicycle structural parts

And, in 2007, Trek assigned that registration to the Societe du Tour de France. But, in July 2012, the Societe let the registration be canceled because no Section 8 declaration was filed.

That’s it. No other registrations or applications. However, somebody may have enforceable common law rights. From the USPTO Trademark FAQ:

What are “common law” rights? Federal registration is not required to establish rights in a trademark. Common law rights arise from actual use of a mark and may allow the common law user to successfully challenge a registration or application.

If you have questions about registrations, applications, or common law rights, let me know!

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