If you’re raising a college athlete, you’ve probably spent years in the stands, coordinating carpools, packing protein snacks, and managing late-night post-game conversations. But with the arrival of Name, Image, and Likeness (NIL) rights, parents have a chance to help in a whole new way: by guiding them through the business side of athletics and filing an NIL Trademark.
Today’s athletes aren’t just competing—they’re building personal brands. Even if your student-athlete isn’t making six figures or starring in commercials, their brand is still theirs. And for the first time, they can be compensated for that brand. It’s an incredible opportunity, but it comes with unfamiliar legal and business decisions. Helping them protect it is about more than money—it’s about agency, security, and preparing for life beyond college sports.
I may not have a college athlete (yet—my little one is still in diapers, and I’m hoping she takes after her dad’s athletic skills), but as a parent and legal professional, I’ve taken a deep dive into how to support student-athletes in the NIL era. If your child is exploring or already benefiting from NIL opportunities, this guide is here to help you understand NIL trademarks—and why they matter more than ever.
1. What Is an NIL Trademark?
A Name, Image, and Likeness (NIL) trademark is a form of intellectual property protection that gives your child exclusive rights to the elements of their personal brand. This might include their name, a nickname, a logo, a slogan, or any other mark that’s used commercially.
In short, it allows them to legally protect and control how they—and their brand—show up in the world. It’s what ensures they benefit from the value they’re creating and can stop others from profiting off their identity without permission.
2. Why Trademarks Matter for Student-Athletes
The NIL landscape has opened doors for students—but also left them exposed without much guidance. If a student-athlete doesn’t proactively file a trademark for their name, logo, or nickname, someone else can.
Whether your child is a nationally ranked athlete or just starting to explore NIL deals, a trademark provides long-term protection and flexibility. Registering their NIL trademark gives your child legal authority over their brand. It lets them enter into endorsement deals, sell merchandise, create digital content, and build a business with confidence. And just as important, it gives them the right to say “no” if someone tries to use their name or image without permission.
3. Real-Life NIL Trademark Success Stories
Several student-athletes have already taken action to protect their brands:
- Spencer Rattler, a college football quarterback, created a custom logo and trademarked it. He now sells his own branded merchandise online.
- Paige Bueckers, a basketball standout at UConn, trademarked her nickname “Paige Buckets” to use on apparel.
- Olivia Dunne has inked deals with brands like Nautica, American Eagle, and Leaf Trading Cards (as of writing, she’s filed a trademark application, but it’s not issued yet).
These athletes aren’t just preparing for the next game—they’re setting themselves up for long-term brand ownership and post-collegiate success.
4. How an NIL Lawyer Can Help Your Student Athlete
When it comes to securing an NIL trademark, having a knowledgeable trademark lawyer on your team is essential. Trademarks aren’t just about paperwork—they’re about protecting your student-athlete’s identity, brand, and future earning potential. A trademark lawyer brings the legal experience and strategic foresight needed to make sure nothing slips through the cracks.
First, a lawyer will conduct a comprehensive trademark clearance search. This step is crucial—it ensures that your athlete’s name, nickname, logo, or slogan isn’t already in use or registered by someone else. Without this step, your student could unknowingly infringe on an existing trademark, which can lead to rejection, rebranding, or even legal action.
Next, the lawyer will handle the entire filing process with the United States Patent and Trademark Office (USPTO). This involves carefully drafting the application, selecting the correct goods and services categories, and using precise legal language to maximize the chances of approval. Trademark applications often face issues like “likelihood of confusion” refusals or questions about whether the mark is distinctive enough—and these can stall or derail the registration. A trademark lawyer knows how to anticipate these obstacles and respond to USPTO office actions quickly and effectively.
Even after the application is submitted, the lawyer’s role continues. They monitor the trademark status, manage deadlines, and handle any oppositions or challenges during the registration process. Once the trademark is approved, they advise on how to properly use and maintain it—because trademarks aren’t “set it and forget it.” They require ongoing use in commerce and timely renewals to stay active and enforceable.
Bottom line: A trademark lawyer does far more than fill out forms. They protect your child’s identity in a commercial landscape that’s moving fast and growing more competitive by the day. With the right legal guidance, your student-athlete isn’t just securing a trademark—they’re securing ownership of their name, their legacy, and their future.
5. How to Register a Student-Athlete’s NIL Trademark
Here’s a step-by-step overview for securing an NIL trademark:
- Identify what needs protection—such as a nickname, catchphrase, or logo.
- Have an attorney run a “comprehensive trademark search.” Don’t just rely on the USPTO website (it’s more like a calculator than a search engine).
- Work with a lawyer to prepare and file the application correctly.
- Wait for examination—the process often takes a few months. You know how pregnancy is a 9 month process? So is applying for a trademark– and that’s at a minimum. Patience is key!
- Use the trademark in commerce to keep it active and enforceable.
- Renew the trademark periodically to maintain ownership.
It’s not instant, but it’s a valuable investment that pays off!
6. Common Mistakes to Avoid
As parents, we know that the best way to support our kids is to help them avoid the preventable bumps in the road. When it comes to trademarks and NIL deals, there are a few common missteps that can trip up even the most promising student-athletes. Here’s what to watch out for:
❌ Waiting Too Long to File a Trademark
In the NIL world, timing is everything. If your student-athlete has already started using a nickname, logo, or slogan on social media or in deals—but hasn’t filed for a trademark—they’re leaving the door open for someone else to swoop in and register it first. This can create a costly, frustrating legal mess, and could even force them to stop using something they’ve already built a following around. Filing early—even before NIL deals are finalized—is the safest move.
❌ Assuming a Social Media Handle or Domain Name Equals Ownership
Just because your student has @JaneTheJett on Instagram or TikTok or the corresponding domain name doesn’t mean they legally own the trademark. Social media handles are helpful for branding, but they offer no legal protection. A registered trademark is what actually gives your child exclusive rights to use that name in business, and the ability to stop others from copying it.
❌ Using School Logos or Jerseys Without Permission
This one catches a lot of families off guard. A simple NIL post—like a sponsored Instagram photo of your athlete in their game-day uniform—might actually violate school policies or state laws! Many schools require written agreements for co-branding, and some ban it altogether. Always check with your child’s athletic compliance office before incorporating school names, slogans, logos, or even recognizable colors in NIL content.
❌ Signing Contracts Without Legal Review
Brand partnerships and endorsement deals can be exciting—and some student-athletes (understandably) jump at the first offer that comes their way.
But not every deal is created equal.
Some companies include hidden terms that give them broad rights over your student’s name, image, or creative content—sometimes for years. Others may include royalty structures that aren’t in your athlete’s best interest. Others might inadvertently damage or void your child’s trademark via creating a “naked license” (yikes!). Before signing anything, have an experienced trademark lawyer review that contract!
❌ Failing to Use the Trademark in Commerce
This one is technical, but important. Even if a trademark application is approved, it can be canceled later if it’s not used in actual business (what the U.S. Patent and Trademark Office calls “use in commerce”). That means your child must be actively connecting their brand to to products or services—like apparel sales, digital media, endorsements, or content creation. Just reserving the trademark isn’t enough; your athlete must show they’re using it.
❌ Trying to DIY the Trademark Process
It’s tempting to cut costs and file a trademark without help, especially if your child is just starting to build their brand. But the trademark process has a lot of legal nuances. If the application isn’t worded correctly, if the wrong class of goods/services is selected, or if there’s a conflict with an existing mark, the entire filing could be delayed or denied. Working with a professional—especially an NIL lawyer—saves time, reduces stress, and increases the chance of success.
7. Call to Action: Empower, Don’t Stress
This is new territory for everyone—schools, athletes, and yes, parents too. But you don’t have to figure it out alone. There are professionals ready to help your child protect what they’re building, and ensure they do it the right way.
Is your student-athlete ready to secure their brand?
With years of trademark filing experience, CJFox Law helps families navigate NIL trademarks, protect personal brands, and set student-athletes up for long-term success.
📞 Contact us today to speak with an experienced trademark lawyer (and fellow parent) and take the first step toward building a brand that can sustain your child through their athletic career and beyond!
