Introduction

The trademark application for “GOLD DIGGER” regarding jewelry and key chains has been filed on an intent-to-use basis with the USPTO by TCR Rights Management LLC, a company based in Massachusetts, managed by Ms. Jordan Hudson, who is associated with Mr. Belichick. The news headline is buzzing for the relationship between Ms. Jordan Hudson and Mr. Bill Belichick, the long-time coach of the New England Patriots. If the trademark is registered, the certification will be uploaded to the Trademark Status and Document Retrieval (TSDR) system, and the symbol ® can be officially used for the relevant goods and/or services.

Significance of Intent to use

This type of filing is a valuable and sensible investment for the future. It is chosen when the trademark is not currently in use but there are intentions to use it in the near future. This allows for a claim of priority against any other parties that file their trademark application for the same mark later on, and it also serves as a safeguard in case of legal disputes at the USPTO or in the marketplace. Along with the application, a sworn statement is required to demonstrate genuine intentions to use the mark in the future, ensuring that it is not just a formality. This statement reflects the research you have conducted regarding the business or goods/services you plan to trade under the applied mark. A few points summarized below:

1. Strategic Move: Filing under an intent to use basis is a smart legal strategy that allows the applicant to reserve rights to a trademark before commercial use actually begins.

2. Legal Protection: This filing establishes a priority date, which protects the applicant from later filers of the same or similar trademarks.

3. Good Faith Requirement: The applicant must sign a sworn declaration affirming a genuine intent to use the mark in commerce.

4. Prevention of "Trademark Squatting”: The USPTO requires that this intent be sincere and not merely speculative or intended to block others from using the mark.

Time period

There is a certain timeline to be followed to claim use in commerce before the mark can be registered-

a.      The time period between the filing of application and USPTO examining attorney approving it to publish in the Trademark Official Gazette, a weekly online publication. Here you file an ‘amendment to allege use’ to claim use in commerce. When accepted, the application will now be basis on actual use of mark in commerce. Within 30 days of the publication in the official gazette, anyone who thinks their mark will be harmed by the said application may file for an opposition, which is held at Trademark Trial and Appeal Board. If there are no oppositions to the said application within the prescribed limit, or the 30 days period is over, the mark is registered.

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b.     A ‘statement of use’ to claim use of mark in commerce is filed within the first 6 months of the date of issuance of Notice of Allowance from the USPTO. It is not necessary that the ‘statement of use’ or the ‘amendment to allege use’ is always accepted. It can be rejected on a few grounds such as not filing within the deadline, improper or incomplete documents regarding the details of mark/specimen, unacceptable specimens or date of use. When accepted, the mark will no longer be subject to any opposition period again and is registered.

c.      Request for extension of time to file a statement of use after the issuance date of Notice of Allowance, and paying the required fee. There can be four such requests afterwards, each covering 6 months before it expires. After which, not following the timeline this flexible, the application is abandoned and the mark will never be registered. As the fee is non-refundable, it causes loss to the applicant for not getting ready already for all such future prospects. One more method that drives in your favour is to file a revive petition within 2 months of the date of issuance of notice of abandonment. Failing to follow the last step, the only way to get your mark registered is filing a fresh trademark application.

Real-World Implications of the “GOLD DIGGER” Mark

1.     Cultural and Media Relevance: The choice of the phrase "GOLD DIGGER," along with its timing—considering Ms. Hudson’s alleged relationship with Mr. Belichick—is generating buzz due to its ironic undertones or potential branding strategy.

2.     Business Angle: The phrase could serve as a bold and edgy branding tool for jewelry or accessories, appealing to a market that appreciates playful, tongue-in-cheek messaging.

3.     Legal Strategy: Filing early allows TCR Rights Management to establish a claim before launching products, which is ideal if they expect significant media attention or a product rollout in the near future.

⁠Conclusion

The use of a publicly charged phrase like “GOLD DIGGER”, combined with the high-profile individuals involved, shows how trademark law intersects with branding, business strategy, and even media narratives. Whether the mark becomes a product line or remains a placeholder, the intent-to-use filing ensures that the name is legally protected — a savvy move in today’s fast-moving marketplace.