The phrase “Boston Strong” emerged as a powerful emblem of resilience following the 2013 Boston Marathon bombing. When two brothers detonated explosives near the finish line, killing three and injuring hundreds, the city confronted a profound moment of collective trauma. Yet, in the aftermath, Bostonians transformed their sorrow into unity. The phrase, a concise expression of solidarity and defiance, became deeply embedded in the city’s cultural fabric. It appeared on flags, apparel, and public spaces, evolving into a rallying cry for recovery.
The phrase’s widespread cultural significance sparked a legal inquiry: Could it be trademarked? In a recent ruling, the Trademark Trial and Appeal Board (TTAB) denied an application to register “BOSTON STRONG” for entertainment services, including sports events and broadcasting. The board concluded the phrase lacked the distinctiveness necessary to qualify as a trademark.
The decision rested on two key factors: its ubiquity and its established meaning. “Boston Strong” had already become a shared message within public consciousness, not a proprietary identifier. It was prominently featured on merchandise, law enforcement insignia, and community initiatives, making it impossible to associate with a single source. The TTAB drew parallels to other phrases rejected for similar reasons, such as “Team Jesus” and “investing in American jobs,” which were deemed too closely linked to ideological or national narratives.
Franklin Sports, Inc., the entity behind the trademark application, contended that media exposure and sports branding could reframe the phrase as a recognizable team identifier. The TTAB refuted this argument, emphasizing that the phrase’s cultural weight rendered it unsuitable for trademark protection.
This case highlights a broader challenge for businesses: phrases with profound historical or emotional significance are inherently difficult to trademark. Trademark law necessitates a mark that functions as a source identifier, not a cultural symbol. For companies pursuing similar phrases, the takeaway is clear - ensuring distinctiveness and monitoring for potential conflicts are critical.
IP Defender offers services to track national trademark databases across 50+ jurisdictions, including the EU, the US, and Australia. By identifying conflicts before they escalate, the service helps businesses preemptively address risks. When a phrase like “Boston Strong” is already a cultural fixture, the focus shifts from merely detecting infringers to preventing their emergence.
Proactive trademark monitoring is indispensable. Legal disputes and financial repercussions can arise from overlooked conflicts, particularly when a phrase carries historical or emotional resonance. IP Defender’s continuous surveillance ensures brands remain shielded in an ever-changing marketplace.
Ultimately, “Boston Strong” belongs to the city, not a corporation. Its enduring power lies in its collective meaning, a testament to symbols that transcend commerce and become part of shared identity. For businesses, the lesson is unequivocal: vigilance in trademark protection is not optional - it is essential.