Joel Embiid’s ‘Trust the Process’ trademark application is about more than toys

Joel Embiid continues to trust the process — both on and off the court.

The Sixers center recently filed a trademark application for the phrase “Trust the Process,” which could be applied to toys, board games, puzzles, video games, and more.

The trademark application, submitted Jan. 5, does not mean Embiid has plans for any of these products just yet — but it does point to Embiid’s ambitions to use his wealth to expand his famously 7½-foot reach beyond the court and into the business world.

Trademark applications aren’t approved by the United States Patent and Trademark Office (USPTO) until they are used.

“When you file a trademark application, you can do it one of two ways: One is called a 1A application, which says that ‘I’ve already begun using this trademark. I’m using this in the commercial sphere,’” said Stephen Vanyo, an entertainment lawyer and NFL agent at the law offices of Lloyd Z. Remick in Philadelphia.

Alternatively, “a 1B [application] is an intent-to-use application,” meaning that the person or brand hasn’t begun commercial use of the trademark, but may plan to in the future and wants to know that it’s protected for them to use in the way intended.

“When you file for a trademark, you have to [give] a specific class that you’re filing it for,” Vanyo explained. “Once you get a trademark, it doesn’t go to every industry in the world.”

After the USPTO certifies that a trademark is valid, the applicant has six months to file a statement of use, proving that it’s now being used in a commercial sphere. Six-month extensions may also be granted up to three times after the initial approval of the trademark.

Between 2016 and now, Embiid has filed intent-to-use applications on both “Trust the Process” and “The Process,” filings show. The intended use for these applications covered everything from apparel, such as footwear, socks, and hoodies, video games and other toys, snow globes, and nonalcoholic drinks.

“You run the risk of putting a ton of time, effort, and energy into developing a brand or a product,” Vanyo said. “All the while, some attorney’s about to send a cease-and-desist letter, all of your investment is for naught, and you quickly have to rebrand.”

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Embiid hasn’t been shy about his aspirations to grow his wealth and become a shrewd businessman.

“The business model of endorsements is great, but that’s not how you become wealthy,” Embiid told Forbes earlier this year. He referred to one of the most visible ways athletes and other celebrities partner with brands this way: “I’m at a period of my life where I’m learning a lot because I’m still trying to find what I’m interested in, what I want to do, so this summer was big as far as meeting a bunch of people that helped me a lot, teaching me about what’s the best model to go from rich to wealthy.”

In October, Embiid was one of several professional athletes who bought an ownership stake of Mitchell & Ness, a Philly-based sports apparel company. Mitchell & Ness, which specializes in vintage sports jerseys, was bought last February by Fanatics, the online sports retailer owned by former Sixers managing partner Michael Rubin.

Rubin told Forbes he was glad he could work with Embiid off the court and without conflict now that he’d sold his stake in Harris Blitzer Sports & Entertainment.

“From the early days, Jo was always incredibly inquisitive, asking you lots of questions, wanting to learn, trying to be a sponge to how he can grow,” Rubin said. “Different than a lot of NBA players, Jo is very financially disciplined. He may save more and invest more, and spend less, than maybe any player.”

Embiid negotiated his last contract with the Sixers — a $196 million deal that keeps him in Philadelphia through the 2026-27 season — on his own, meaning that he was able to keep the commission most players pay an agent to negotiate their contracts.

While he doesn’t have an agent to represent him in contract deals, he did hire two agents from WME, the longest running talent agency in Hollywood, to represent him in off-court business dealings — such as those that would be associated with the trademark applications filed. Embiid’s WME reps did not respond to a request for comment on the most recent filing, dated Jan. 5.

“Athletes are realizing that they just don’t have to let the team brand them or they don’t have to let the shoe company brand them,” Vanyo said. “Athletes want to make sure that they can brand themselves and become corporations out of themselves, and having trademarks and making sure that you have the right to use names is an important first step.”