Patent Attorney and Founder
Wondering if you can legally use old NFL team names in your game or business? Learn how trademark abandonment, common law rights, and vintage logos affect your risk.
Can You Use Old NFL Team Names? A Trademark Attorney Explains the Legal Risks
So you’ve found the perfect name for your video game. Maybe it’s inspired by a classic NFL franchise that disappeared years ago, the Houston Oilers, for example, or another team that relocated or changed its identity.
It seems harmless enough. After all, if the team no longer exists, doesn’t that mean the trademark has expired?
Not necessarily.
This is one of those questions that sounds simple on the surface but quickly becomes more complicated once trademark law enters the picture. Many people assume that if a name isn’t actively being used on the field anymore, it’s automatically free for anyone to use. Unfortunately, that’s not how trademark rights work.
The good news is that there are situations where older trademarks can become available again, but determining whether that’s the case requires a little research.
In this guide, we’ll cover:
- How trademark rights work for former NFL teams
- Why trademark registration is only part of the story
- What trademark abandonment actually means
- Why vintage logos often remain protected
- What you should do before using an old team name in your own project
Let’s dive in.
Start with the Trademark Registration
Whenever someone asks me whether they can use an old sports team name, my first answer is almost always the same:
Start by checking whether the trademark is still registered.
The easiest place to begin is the United States Patent and Trademark Office (USPTO) trademark database.
Many people assume the NFL itself owns every team name, but that’s usually not how ownership works.
Instead, the trademarks are often owned by the individual organizations or ownership groups that control each franchise. So even if a team has relocated, rebranded, or stopped using a particular name publicly, someone may still legally own those trademark rights.
Before investing time or money into your project, it’s worth finding out who owns the name, if anyone.
If you’re unfamiliar with how trademark rights differ from patents, you may also enjoy our Patent Glossary:
https://boldip.com/blog/patent-glossary/
Registration Isn’t the Whole Story
Here’s where many entrepreneurs get tripped up.
Let’s say you search the USPTO database and don’t find an active trademark registration for an old team name.
Great! Does that mean you’re free to use it?
Not necessarily.
Trademark law recognizes something called common law trademark rights.
In plain English, this simply means a business may still own rights in a name because it’s actively using that name in commerce, even if there’s no current federal registration.
For example, imagine an organization still sells merchandise using an older team name or continues offering products connected to that brand.
Even without a federal registration, they may argue they have existing trademark rights based on continued commercial use.
That’s why a missing registration should never be your only research step.
Whenever possible, look beyond the federal database.
Ask questions like:
- Is anyone still selling products under this name?
- Is the name still appearing in advertisements?
- Does the organization still promote the brand?
- Are collectors’ items still officially licensed?
Those facts can all matter.
If you’d like to understand trademark protection alongside patent protection, our guide on Trade Secrets explains another important way businesses protect valuable intellectual property:
https://boldip.com/blog/trade-secrets/
Understanding Trademark Abandonment
One of the biggest misconceptions about trademarks is that they automatically last forever.
They don’t.
Trademark law has a simple policy behind it:
Trademarks are meant to identify active businesses and products.
If a trademark owner completely stops using a mark, and has no intention of using it again, the trademark may eventually become abandoned.
Think of it like maintaining a storefront.
If you permanently close the business, remove the signs, stop serving customers, and never plan to reopen, eventually someone else may have the opportunity to move into that space.
Trademark law works in a similar way.
The purpose isn’t to let people “reserve” words forever.
Instead, trademarks exist because they’re actively helping consumers identify the source of goods or services.
That’s why abandoned trademarks can sometimes become available for others to adopt.
However, proving abandonment isn’t always easy.
A company doesn’t have to use a trademark every single day to keep it alive.
Sometimes occasional, legitimate commercial use is enough.
That distinction becomes especially important in professional sports.
Why NFL Teams Keep Their Old Logos Alive
One of my favorite real-world examples comes from professional football itself.
Have you ever noticed throwback games?
Players wear retro uniforms.
Teams sell vintage apparel.
Classic logos suddenly reappear for a special event.
That isn’t just about nostalgia.
It’s often good trademark strategy.
By continuing to use older logos, even once or twice each year, teams create evidence that those trademarks remain active.
That continued use helps them argue that the trademarks haven’t been abandoned.
And it’s not just jerseys.
Organizations may continue selling:
- Vintage hats
- Throwback T-shirts
- Retro helmets
- Collectible merchandise
- Licensed memorabilia
Each of those uses can help support ongoing trademark rights.
So while a logo may appear “retired,” legally it may still be very much alive.
This is one reason you should be especially cautious when using vintage sports branding in games, merchandise, or commercial products.
For a deeper look at protecting product innovations, you may also find our guide to Utility Patents helpful:
https://boldip.com/blog/utility-patent/
And if your project involves the appearance of a product rather than how it functions, here’s our guide to Design Patents:
https://boldip.com/blog/file-design-patent/
Quick Comparison
| Situation | Possible Trademark Risk |
|---|---|
| Active federal registration | High |
| No registration, but ongoing commercial use | Moderate to High |
| Completely abandoned with no ongoing use | Potentially lower, but requires legal analysis |
| Vintage logos used during throwback events | Often still protected |
| Merchandise still officially sold | Trademark rights likely continue |
Do Your Homework Before You Launch
If you’re creating a video game, board game, apparel brand, mobile app, or any other commercial product that references an old NFL team, don’t assume the name is available just because you haven’t seen it in years.
Instead, work through a simple checklist before you invest time and money into development.
1. Search the USPTO Database
Your first stop should always be the USPTO trademark database.
Look for:
- Active trademark registrations
- Dead or canceled registrations
- Similar names that could still create confusion
A canceled registration doesn’t automatically mean you’re in the clear, but it gives you valuable information to investigate further.
2. Look for Current Commercial Use
Even if you don’t find an active federal registration, spend some time researching whether the name is still being used in commerce.
Ask questions like:
- Is official merchandise still being sold?
- Does the franchise feature the old brand during special events?
- Is the logo appearing on licensed products?
- Are there promotional campaigns using the older identity?
These are all clues that trademark rights may still exist.
3. Evaluate the Risk of Consumer Confusion
One of the biggest goals of trademark law is preventing consumer confusion.
In other words, would someone reasonably believe your product is connected to, sponsored by, or approved by the original organization?
If the answer could be “yes,” your legal risk increases significantly.
For example, using an old team name inside a historical sports documentary is very different from placing that name prominently on the cover of a commercial football video game.
Context matters.
Why Throwback Branding Matters More Than You Think
One of the more interesting things about trademark law is that occasional use can still count as legitimate use.
Professional sports leagues understand this very well.
Think about how often you see:
- Throwback uniforms
- Retro logos
- Anniversary celebrations
- Heritage merchandise
- Vintage apparel collections
Those events aren’t just fun for fans, they also reinforce the continued commercial use of valuable trademarks.
If a team continues selling officially licensed throwback jerseys or apparel every season, it’s much harder for someone else to argue that the trademark has been abandoned.
That’s why you should never assume a logo is “dead” simply because it isn’t the team’s primary branding anymore.
Common Mistakes Inventors and Game Developers Make
Over the years, I’ve seen entrepreneurs make several avoidable mistakes when working with established brands.
Here are a few of the most common.
Assuming “Old” Means “Public Domain”
Age alone doesn’t determine whether a trademark is available.
A fifty-year-old trademark that’s still used today can be much stronger than a newer mark that’s been abandoned.
Looking Only at Federal Registrations
Federal registration is important, but it’s only part of the analysis.
Common law rights can still create legal issues, particularly if a business continues using the name in commerce.
Ignoring Logos While Focusing Only on Names
Many people research the team name but completely overlook the logo.
In reality, logos are often protected separately and may have an even longer history of continued use through merchandise and promotional events.
Waiting Until After Launch
One of the most expensive times to discover a trademark problem is after you’ve released your product.
Rebranding after launch can involve redesigning artwork, changing marketing materials, updating packaging, modifying software, and rebuilding customer recognition.
A little research upfront is almost always less expensive than fixing problems later.
When Should You Talk to a Trademark Attorney?
Not every project requires extensive legal analysis.
But if you’re investing significant time or money into a commercial product, getting legal guidance early can save you from costly surprises.
A trademark attorney can help you:
- Search for existing trademark rights.
- Evaluate whether a mark may have been abandoned.
- Assess common law trademark risks.
- Analyze the likelihood of consumer confusion.
- Develop branding strategies that reduce legal exposure.
Sometimes the answer is straightforward.
Other times, there are nuances that aren’t obvious from a quick online search.
If your project has real commercial potential, it’s worth making an informed decision before you build your brand around a name that could become a legal obstacle.
If you’re planning to commercialize a patented invention as well, you may also find these resources helpful:
- Patent Licensing: https://boldip.com/blog/patent-licensing/
- Patent Litigation: https://boldip.com/blog/patent-litigation/
- Patent Costs: https://boldip.com/blog/patent-cost/
- Patent Attorney Pricing: https://boldip.com/patent-attorney-pricing/
Frequently Asked Questions
Can I legally use an old NFL team name?
Maybe. It depends on whether trademark rights still exist. Start by researching federal registrations, but also look for ongoing commercial use that may establish common law rights.
Does a canceled trademark mean it’s free to use?
Not always. A canceled registration doesn’t automatically eliminate trademark rights. Continued commercial use can still create enforceable rights in some situations.
Are old NFL logos still protected?
Often, yes. Many franchises continue using vintage logos on throwback merchandise, apparel, collectibles, and promotional events, helping maintain trademark protection.
What is trademark abandonment?
Trademark abandonment generally occurs when the owner stops using the mark and has no intention of resuming its use. Determining abandonment depends on the specific facts and circumstances.
Should I consult a trademark attorney before releasing my game?
If your project has commercial value, absolutely. A legal review before launch is usually much less expensive than dealing with a trademark dispute after your product is released.
Key Takeaways
If there’s one lesson to remember, it’s this:
Don’t assume an old sports team name is automatically available just because it isn’t used on the field anymore.
Trademark rights can continue through federal registrations, common law use, merchandise sales, and even occasional throwback events.
Before investing in branding, artwork, or product development, take the time to research the trademark status and understand the potential risks. A little due diligence today can save you significant time, money, and frustration tomorrow.
Ask yourself this:
If your product becomes successful, are you confident you’ve built it on a brand you can legally own and grow?
That’s a question worth answering before launch.
Ready to Protect Your Brand?
Whether you’re developing a video game, launching a startup, or bringing a new invention to market, protecting your intellectual property starts with asking the right questions.
It is my hope that this article gives you the knowledge and clarity you need to Go Big and Go Bold℠!
If you have questions about protecting your invention, trademark, or brand strategy, book a free discovery call at https://boldip.com/contact. We’d love to help.
Legal Note
Legal Note: This blog article does not constitute legal advice. Although the article was written by a licensed USPTO patent attorney there are many factors and complexities that come into patenting an idea. We recommend you consult a lawyer if you want legal advice for your particular situation. No attorney-client or confidential relationship exists by simply reading and applying the steps stated in this blog article.