How to Manage Your Flaming Balls and Trademark Classes

ByMarkport

NBA Properties, Inc. v. BIGROY’S Boodle Fight, IPO Case No. 14-2022-00026, Decision dated 16 July 2024

If your logo consists of a flaming basketball, can you stop others from using a similar image? Not necessarily. A 2024 decision by the Intellectual Property Office of the Philippines (IPOPHL) offers a clear reminder that trademark rights don’t cover broad ideas for all classes of goods and services. They protect only how your trademark has been registered and used in specific goods and services.

The Case in Brief

NBA Properties filed an opposition against a trademark application by BIGROY’S Boodle Fight, a Filipino restaurant. The NBA argued that BIGROY’s logo, which consisted of a flaming basketball through a hoop, looked too much like the Miami Heat logo.

Despite the opposition, IPOPHL allowed the registration. BIGROY’S chose not to defend their trademark actively. Nonetheless, the Bureau evaluated the NBA’s evidence and ruled that the two marks were unlikely to confuse consumers.

Why? BIGROY’S operates under Class 43, covering food and restaurant services. The NBA’s trademarks fall under Class 41, which covers education and entertainment. In short, the conflicting trademarks were used in completely different industries and served different groups of consumers.

Trademark Rights Protect Specific Representations

A trademark doesn’t give you exclusive rights to a broad visual idea like a flaming basketball. It protects the specific version submitted, with some flexibility to block confusingly similar marks, but only in related markets or classes.

Because the services in question were unrelated, and the BIGROY’S mark had its own distinctive elements (like the BBQ fork and slogan), IPOPHL found no conflict.

Why Trademark Classes Are Critical

Every trademark is tied to the specific goods and services claimed in its registration. If your trademark was registered for Class 41, you cannot enforce it for Class 43 unless some specific goods and services overlap and are likely to cause consumer confusion. In this case, the class distinction was enough to dismiss the opposition.

What About Well-Known Marks?

The NBA also claimed that the Miami Heat logo was “well-known” and deserved protection beyond its registered classes. However, IPOPHL clarified that, under Philippine law, a mark must first be formally declared well-known by a competent authority to enjoy such extended protection. Since no such declaration had been made for the Miami Heat logo in the Philippines, the NBA could not rely on that status.

Interestingly, in April 2025, IPOPHL introduced new rules and created an official Register of Well-Known Marks. This system allows brand owners to apply for formal recognition, offering broader protection, increased commercial value, and stronger defences against misuse and infringement.

What This Means for You

  • You can’t stop others from using a similar logo idea in unrelated industries.
  • Your trademark rights only apply to the classes listed in your registration.
  • Your registration can block similar marks, but only if they cover the same or related goods and services.
  • You must obtain formal recognition to claim your mark is well-known.
  • Even if a trademark owner doesn’t respond to an opposition, the IP Office will still decide based on the merits of the case.
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