With the everpresent influence of social media platforms, content creators have the ability to influence mainstream culture in seconds. TikTok creator Jools Lebron did just that when her video describing how she maintains a level of decorum in getting ready for work went viral. Her comedic yet stoic tagline “Very demure, very mindful” flooded timelines everywhere.
With the traction of the tagline, across social media platforms and countless reposts and remakes by celebrities and individuals, Jools sought to claim the tagline in a more official capacity. She decided to look into filing a trademark application for the tagline however to her dismay, she learned that someone had beaten her in filing the application.
(Image from: USA Today)
What does this mean for Jools?
First it’s important to note that trademark law in the U.S. is based on use and one must be able to establish current use or future use when filing. It’s also important to note that just because a trademark is registered, it does not mean it can’t be used by anyone else. A trademark registration only acts as protection for the specific goods and services claimed on the registration. Finally, just because a trademark application has been filed, this doesn’t mean that person instantly has ownership of it. In Jools’ case, she still has the right to submit her application, despite not being first.
The Good News for Jools
The first trademark application for the tagline, filed by Jefforson Bates, is a 1B filing meaning that it is intended for future use. This may help Jools establish that she used the tagline first despite not filing the trademark application first, especially if she continues to use the slogan and files her application with 1A status. Even if Bates’ application registers, it can still be challenged and possibly canceled by utilizing the proper channels; however this process can be costly and take a copious amount of time.
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.