Former Broncos quarterback moves to trademark ‘Tebowing’

With Tim Tebow finding himself a second-string player (at best) in the NFL, is it time to consider the arena league?

With Tim Tebow finding himself a second-string player (at best) in the NFL, is it time to consider the arena league?

Former Denver Broncos quarterback Tim Tebow bends to one knee and bows his head in the classic "Tebowing" pose before a game against the Oakland Raiders on Nov. 6, 2012. (Photo: CNN)

Former Denver Broncos quarterback Tim Tebow bends to one knee and bows his head in the classic “Tebowing” pose before a game against the Oakland Raiders on Nov. 6, 2012. (Photo: CNN)

(CNN) — Thou shalt not Tebow, for the wages of Tebowing is trademark infringement.

A management and consulting firm representing New York Jets back-up quarterback and evangelical sports icon Tim Tebow has moved one step closer to holding the trademark “Tebowing” for use on things as widespread as clothing, pencil sharpeners and holiday ornaments.

Tebow has long been very public about his Christian faith. In college, he sported Bible verses on his eye black, which the NCAA went on to ban after his graduation.  Tebow invoked God frequently at news conferences and wrote at length about his faith and growing up the son of evangelical missionaries the Philippines in an autobiography.

“Tebowing” became part of the American lexicon when Tebow, then a second year player for the Denver Broncos, was photographed bowing in prayer in the end zone on one knee, helmeted head bowed a top a clenched fist.  It quickly became an Internet meme.

One of the first to start the meme was Jared Kleinstein, a Denver-born Broncos fan, living in New York.  He started a website, www.tebowing.com, defining Tebow as a verb: “To get down on a knee and start praying, even if everyone else around you is doing something completely different.”  He posted a photo of himself “Tebowing.”

Tebow approved of the growing phenomenon at the time writing, “Love it,” on his Twitter account.

A paper trail of documents with the U.S. Patent and Trademark office shows that soon after the meme caught fire last year, Kleinstein filed to trademark “Tebowing” and began to sell apparel with the phrase on it.

XV Enterprises, a marketing and consulting firm, protested Kleinstein’s application through California attorney Anthony M. Keats in October.  Trademark records show Tebow is the sole shareholder of XV Enterprises, which is thought to represent the Roman numerals for his longtime football jersey number, 15.

In a letter of protest, Keats wrote to the Trademark office that consumers would incorrectly think the goods were connected to Tebow or his charity the Tim Tebow Foundation.

“Inevitably, in today’s commercial arena of sports marketing, consumers will be led to believe that at a minimum, Tim Tebow or the Tim Tebow Foundation has approved of all of the third-party applicant’s goods in the context of licensing; or, what is even more damaging, that Tim Tebow is actually connected with or associated with the goods of the cited applicants when he is not,” Keats wrote.

On February 22, the trademark office issued a refusal of registration to Kleinstein’s application, saying the material he hoped to trademark, “includes matter which falsely suggests a connection with Tim Tebow. Accordingly, registration is refused under Trademark Act Section 2(a).”

After Kleinstein’s Tebowing trademark attempt was rejected, Tebow’s team of advisers appear to have stepped in to claim the trademark.

An August 21  Trademark Application shows a letter signed by Tebow giving his consent to the “use and registration” by XV Enterprises LLC “of my nickname TEBOWING as a trademark and/or service mark with the United States Patent and Trademark Office.”  The filing also shows that  Tim Tebow is the sole shareholder of XV Enterprises LLC.

On October 9, the trademark, now showing XV Enterprises LLC as the owner, was published for opposition.  That means anyone who wants to oppose the registration has 30 days to do so.  If no one does, or the opposition is deemed by trademark office to be unsubstantiated, then Tim Tebow will officially own Tebowing.

Newsday, which was among the first to report on the issue, quoted Tebow as saying, “It got hyped up as Tebowing, so [the trademark] was more to just control how it’s used, make sure it’s used in the right way.”

U.S. Patent and Trademark office records show in the past year a number of applications for Tebow-related trademarks have come up and been smacked down.

In July, records show, the trademark office refused an application by Michael Dachs of Merrick, New York, who sought a trademark for the name and logo “Lord and Tebow” for T-shirts and apparel that mimicked the logo of the department store Lord and Taylor.

The trademark office refused that claim because the logo was “virtually identical” to the Lord & Taylor logo.  They also said in their rejection that consumers could “falsely suggest a connection with Tim Tebow … Tim Tebow is so famous that consumers would presume a connection.”