The Philadelphia Eagles have filed for the trademark, “Philly Special,” with the USPTO. It is a nod to the play that saw quarterback Nick Foles catch a touchdown pass in the Super Bowl. The Eagles won the Super Bowl over the New England Patriots and Foles became the MVP. It was later disclosed that the name of the play was “Philly Special.”
The Eagles were not the only ones that saw an opportunity to file for the trademark. Several others have filed for the mark. As of the date of this writing there are 6 other mark applications for “Philly Special” and 1 for “The Philly Special.” The one using “The” is a mark application for a sandwich.
All of the other “Philly Special” mark applications were filed before the Eagles’s application of February 15th. But, those applications were 1(B) applications which reflect an application that has yet to put a product or service in commerce with its intended mark. Only “The Philly Special” has a mark it claims it is using.
The Eagles use a specimen which shows the names of the players that had the ball during the play, “Philly Special” although the exact name is not on the shirt.
In all likelihood, despite filing after the others, the Eagles will secure the mark for “Philly Special” as it relates to the selling of merchandise. We shall see if “The Philly Special” will receive a trademark for its sandwich. While the mark may operate in a different class of products or services than clothing merchandise, it originates from the Eagles’ play.