Women’s Hockey Nation broke the story Friday that the NWHL could potentially face an opposition to the service mark “Connecticut Whale” from the NHL, who has filed an extension of time, allowing them to examine the service mark in further detail and conclude whether or not it infringes on their own service marks.

While service marks and trademarks are often conflated, it is the service mark that the NHL is taking a closer look at. Service marks are for services, while trademarks refer to goods. In this case, the NWHL has identified the Connecticut Whale service mark as for “entertainment in the nature of hockey games.”

It is common for large companies such as the NHL to oppose many marks. They frequently have watch services on retainer to oppose any mark close to what they own.

And while the NHL has filed an extension of time, it is notable that the league has not yet filed an opposition.

The NHL had no comment on the matter.

The league has 90 days from when they filed the extension to oppose the mark, giving them a deadline of Oct. 28, 2015.

The author reached out to the NWHL for comment on the news, and spoke via phone with attorney Ben Natter of Natter & Natter who is named on the original trademark/service mark application.

“The NHL filed an extension of time to oppose the Connecticut Whale service mark application; they did not oppose (the service mark application),” Natter said. “The NHL filed a 90-day extension of time and they have until October 28th to file an opposition to the service mark application. To request a further extension of time would require our client’s consent.”

Following the links highlighted in the above-linked article, the reader can also see that the NWHL faced a similar extension of time from a youth league regarding the NWHL’s Boston Pride service mark.

“There is no ongoing opposition in connection with the Boston Pride service mark application,” Natter said. “A third-party had filed an extension of time to oppose the service mark application and the time period to oppose the application has since expired.”

This is a common occurrence when it comes to extensions of time on service marks.

“Note that a third-party does not need a registered trademark or service mark to file an opposition or to request an extension of time to oppose a trademark or service mark application,” Natter added.

The NWHL could possibly face a rebranding, as Women’s Hockey Nation suggested, but it is far from a likely outcome.

The author spoke with Howard Baldwin Jr. of Baldwin Entertainment Group to clarify whether or not the CT Whale logo belonged to him, as Rylan had stated in a number of interviews that she got permission from Baldwin to use both the name and the logo.

“I own the CT Whale Logo – I own the Pucky mascot, and the Connecticut Whale Logo,” Baldwin said in a phone interview.

“I did say she could the old logo, with the big fat whale going, that’s through the C; that’s the old logo – that’s the one I said she could use,” Baldwin continued. “She asked me if she could use the Whale name, and I said yes, but I own the Whale name.”

On a related note, if Baldwin retained ownership of the logo used, he would profit from Connecticut Whale merchandise sold. However, Baldwin had a solution for that.

“I would get proceeds, but Howard Senior and I agreed we would put those proceeds to the foundation she owns, that helps grow women’s hockey,” Baldwin said Friday afternoon.

With regards to the agreement with Baldwin, Natter could not comment or speculate.

“With respect to Mr. Baldwin, I cannot comment on any common-law rights Mr. Baldwin may have in connection with the Hartford Whalers intellectual property,” Natter said. ” I also cannot comment on any agreements Mr. Baldwin made with our client.”

However, it seems that the NWHL is likely in no real danger from opposition at all from the NHL. They will know for sure if they are out of the woods on Oct. 28.