Social media platforms give content creators the power to shape mainstream culture in seconds. TikTok creator Jools Lebron demonstrated this when her video about maintaining decorum while getting ready for work went viral. Her comedic tagline, “Very demure, very mindful,” quickly flooded timelines. As her tagline gained traction through reposts by celebrities and individuals, Jools sought to claim it officially by filing a trademark application.
However, she discovered that someone had already filed for the trademark. It’s essential to understand that U.S. trademark law is based on use. An applicant must establish current or future use when filing. Additionally, registering a trademark does not mean others cannot use similar phrases. Trademark registration only protects specific goods and services.
(Image from: USA Today)
What does this mean for Jools?
Importantly, filing a trademark application does not grant instant ownership. In Jools’ case, she can still submit her application, even though she wasn’t the first to file. The initial application for the tagline, submitted by Jefforson Bates, is a 1B filing, indicating it is intended for future use. This could help Jools establish her prior use of the tagline if she continues to use it and files her application as a 1A. Even if Bates’ application is approved, it can be challenged and potentially canceled through the appropriate channels. However, this process can be costly and time-consuming. Creators who gain traction for unique catchphrases they may want to monetize should seek legal counsel and consult resources like the United States Patent and Trademark Office (USPTO) to protect their intellectual property (IP).
Major Takeaways
If a creator receives traction for a unique catchphrase that they may later want to monetize, they should consider seeking legal counsel and utilize resources like the United States Patent and Trademark Office (USPTO) to protect their Intellectual Property (IP). It is important for creators to consider acting sooner rather than later, possibly even before something goes viral and consider the potential business ventures that could come from their work.
Want to learn more about filing your own trademark application? Need assistance? Feel free to call or email us at (713) 364-4796 or admin@madan-law.com.