It can be tough to predict what’s going to be a hit on social media. Certain things just take off and develop a life of their own, and this is what happened to a woman named Jools Lebron recently. She posted some videos talking about her personal style and referred to herself as “demure” and “mindful,” and plenty of people saw these videos and jumped on the bandwagon. Now someone has trademarked “very demure, very mindful,” and it’s not the influencer herself. Can you even trademark a phrase? And does Ms. Lebron have a chance to reclaim the trend that she started? We can try to answer these questions and tell you why talking to an Orange County, California trademark lawyer is so important when you have intellectual property to protect.
How Can You Trademark a Phrase?
Plenty of phrases are trademarked. If a company or person wants to use a phrase in their marketing or merchandising, trademarking it is practically a necessity. Otherwise, other people could claim it or make their own merchandise and profit off of something that you made. Taylor Swift has trademarked multiple phrases from her own songs for merchandising purposes and some celebrities have even trademarked their own catchphrases. So trademarking “very demure, very mindful” is not unthinkable.
Can You Trademark a Phrase You Didn’t Create?
Here’s the issue though. Jools Lebron is not the one who filed the application. The person who filed is trying to trademark a phrase that they did not create. Are they allowed to do that? Technically yes, but there is an opening for the influencer to try and take back her intellectual property rights.
What is the Rule of First Use?
When it comes to trademark filings, the first to file is not necessarily the one who will receive the trademark. Instead, the first to use it should have priority. If someone can show that they used the phrase for commercial purposes first, they can often challenge someone else’s filing.
In a case like this, an influencer should be able to show that they used the phrase first. They can also use any money they have made off of the phrase, through advertisements for example, as evidence. This can make for a compelling challenge to someone else’s trademark filing.
Do I Need an Attorney to Trademark a Phrase?
Another potential issue is that the person who is trying to trademark “very demure, very mindful” did not have a lawyer help them. This is something that can be seen clearly in the paperwork. Trying to trademark a phrase is a complicated process that can take years. If this filer filled out paperwork incorrectly, that can make it even easier to challenge their filing. This person may have filed for a trademark, but they may not have the necessary follow-through to actually finish the process. This is why hiring a lawyer who knows about intellectual property protection is such a necessity!
Our Attorneys Can Help You Protect Your Intellectual Property
We cannot say for sure what will happen in this case, but we can tell you that our experienced attorneys can help you with all of your trademark and IP-related needs. Contact Burns Patent Law today and tell us more about what you need assistance with.
