Anyone who watched the Olympics this year couldn’t help but hear about Michael Phelps.  For those of you who may have missed it, Phelps is a swimmer on the American Olympic team.  Phelps holds the record for the most gold medals won at a single Olympics with the eight gold medals he won this year.  As of August 2008, he also holds seven world records in swimming.

After the Olympics, Phelps has been making a few celebrity appearances including the VMAs and Fashion Rocks.  In addition, Michael Phelps recently appeared with Lil Wayne and Amy Poehler on Saturday Night Live, where Phelps was the host.   With all of these appearances, Phelps may decide to commence his branding efforts.  However, it appears that one eager "Phelps phan" may have attempted to beat him to the punch. 

A search of the U.S. Patent and Trademark Office Website Database yields one hit: the MICHAEL PHELPS U.S. Trademark Application Serial No. 77/550,778 for use on “A-shirts; Anglers' shoes; Apres-ski shoes; Athletic apparel, namely, shirts, pants, jackets, footwear, hats and caps, athletic uniforms; Athletic shoes; Ballet shoes; Balloon pants; Ballroom dancing shoes; Baseball shoes; Beach shoes; Bermuda shorts; Board shorts; Bowling shoes; Boxer shorts; Boxing shoes; Button-front aloha shirts; Camp shirts; Canvas shoes; Capri pants; Cargo pants; Cleats for attachment to sports shoes; Clothing for wear in judo practices; Clothing for wear in wrestling games; Cycling shoes; Dance shoes; Deck-shoes; Denims; Dress shirts; Drivers; Fitted shoe or boot covering to protect the shoes or boot from water or other damage; Fitted swimming costumes with bra cups; Fleece shorts; Football shoes; Golf shirts; Golf shoes; Gym shorts; Gymnastic shoes; Handball shoes; Head wear; Heel pieces for shoes; Hockey shoes; Hooded sweat shirts; Infant wear; Infants' shoes and boots; Insoles; Jeans; Jogging pants; Knit shirts; Leather pants; Leather shoes; Long-sleeved shirts; Lounge pants; Moisture-wicking sports pants; Moisture-wicking sports shirts; Night shirts; Non-disposable cloth training pants; Nurse pants; Open-necked shirts; Panties, shorts and briefs; Pants; Paper shoes used when going through metal detectors to keep feet and socks clean; Petti-pants; Pique shirts; Pleated skirts for formal kimonos (hakama); Polo shirts; Protective metal members for shoes and boots; Rubber shoes; Rugby shirts; Rugby shoes; Rugby shorts; Running shoes; Scientific and technological apparel, namely, shirts, pants, jackets, footwear, hats and caps, uniforms; Shirt fronts; Shirt yokes; Shirts; Shirts for suits; Shoe dowels; Shoe inserts for primarily non-orthopedic purposes; Shoe pegs; Shoe soles; Shoe straps; Shoes. Shoes soles for repair; Short overcoat for kimono (haori); Short petticoats; Short sets; Short trousers; Short-sleeved or long-sleeved t-shirts; Short-sleeved shirts; Shorts; Ski and snowboard shoes and parts thereof; Ski pants; Ski wear; Skiing shoes; Skirt suits; Skirts; Skirts and dresses; Sleep shirts; Sliding shorts; Snow pants; Snowboard pants; Soccer shoes; Sport shirts; Sports pants; Sports shirts; Sports shirts with short sleeves; Stretch pants; Surf wear; Sweat pants; Sweat shirts; Sweat shorts; Swim caps; Swim trunks; Swim wear; Swim wear for gentlemen and ladies; Swimming caps; Swimming caps; Swimming costumes; Swimming trunks; T-shirts; Tap pants; Tap shoes; Tee shirts; Tennis shoes; Tennis wear; Toboggan hats, pants and caps; Tongue or pullstrap for shoes and boots; Track and field shoes; Track pants; Training shoes; Travel clothing contained in a package comprising reversible jackets, pants, skirts, tops and a belt or scarf; Triathlon clothing, namely, triathlon tights, triathlon shorts, triathlon singlets, triathlon shirts, triathlon suits; Underwear, namely, boy shorts; Volleyball shoes; Walking shorts; Waterproof jackets and pants; Wearable garments and clothing, namely, shirts; Wind pants; Wind shirts; Women's shoes; Work shoes and boots; Yoga pants; Yoga shirts” in Class 25.

Is the application legitimate?  It’s filed by Wen Yi Wu, an individual citizen of China who resides in New York City, New York.  The application is newly filed and has not yet been assigned to an examining attorney.    Most likely, the trademark examiner will require that a Consent signed by Phelps be submitted in which he consents to the use of his name on these goods.  In the meantime, Phelps may wish to monitor this application as well as any uses of his name on goods.

Aimee Kaplan, the trademark lawyer dedicated to athletes and Olympic medalists protecting their celebrity brands

Copyright 2008 Aimee Kaplan