Woooooooo. Pig. Sooie! Woooooooo. Pig. Sooie! Woooooooo. Pig. Sooie! Razorbacks!
The start of the college football season is around the corner and that chant will once again be used within the state of Arkansas. The chant, referred to as the Hog Call, is claimed to have originated at the University of Arkansas in the 1920s. It is certainly a featured saying at Razorbacks football games. It is now a registered trademark.
Earlier this month, the United States Patent and Trademark Office (USPTO) granted registration of the sensory mark to the Board of Trustees of the University of Arkansas. The type of mark is atypical among commonly registered trademarks. Instead of it consisting of a word or design, it is a sound. Specifically, the University of Arkansas has received federal protection of Arkansas-influenced crowd cheers consisting of the "Woooooooo. Pig. Sooie!" chant in conjunction with providing collegiate athletic and sporting events.
The claimed first use in commerce of the mark stems back to December 31, 1929. The application for ownership of the trademark, submitted on July 26, 2013, had to overcome a USPTO examining attorney's Office Action, which stated that "[b]ecause crowds commonly chant encouraging words at sporting events, consumers of the sporting event would not recognize the chant as a source indicator for the event."
Arkansas' response included a substitute specimen that consisted of a video of former University of Arkansas Athletic Director and coach Frank Broyles leading a crowd in the Hog Call. The examining attorney deemed the substitute specimen sufficient to warrant registration of the applied for mark despite prior concern that chants consisting of encouraging words are quite common at sporting events.
Will other universities follow the University of Arkansas and file trademark applications seeking to register chants associated with athletic competition? Separately, what benefits are conferred to the university based on the receipt of a registration of such a sensory mark?
Darren Heitner is a lawyer and the Founder of South Florida-based HEITNER LEGAL, P.L.L.C., which has a focus on Sports Law and Trademark protection/litigation.
