In the age of social media, a catchy phrase can spread like wildfire overnight. But what happens when your unique slogan takes off and you haven’t protected it legally? The recent “Very Demure, Very Mindful” case involving Jools Lebron serves as a stark reminder of the importance of trademark protection.
Why Trademarks Matter
Copyrights and patents safeguard original works and inventions, but they don’t protect slogans or catchphrases. That’s where trademarks come in. A trademark secures your exclusive right to use a specific word, slogan, or phrase in connection with your goods or services.
The Jools Lebron Case
I was recently interviewed by the Washington Post (view the article here) about the Jools Lebron’s viral TikTok featuring the phrase “Very Demure, Very Mindful” which caught the attention of millions, even landing her on Jimmy Kimmel. Unfortunately, she didn’t file a trademark application. Someone else did, potentially blocking her from using her own catchphrase for certain products or services.
Watch the video I created on this topic: Very Demure Trademark Dispute *Attorney Advertising*
Intent-to-Use Applications: A Double-Edged Sword
The individual who filed for the “Very Demure, Very Mindful” trademark application filed based on intent-to-use (“ITU”) for advertising, marketing, and promotional services related to all industries for the purpose of facilitating networking and socializing opportunities for business purposes. This means they stated their intention to use the phrase commercially but haven’t actually done so yet. At a later date, they will need to file a specimen showing use of the trademark in UScommerce. If they fail to do so, they won’t be able to obtain a registered trademark. In the Jools case, another filed an ITU application for VERY DEMURE VERY CUTESY. The applicant stated that she filed it with the purpose of transferring it to Jools Lebron. However, this presents challenges for Lebron, as the applicant can’t transfer the trademark until they’ve used it in commerce. If transferred earlier, it voids the intent of the application, and this makes the application voidable.
Existing Trademarks: Another Hurdle
Even if Jools Lebron files for a trademark, she may face challenges due to existing trademarks for the word “DEMURE” for clothing and DEMÚRE for cosmetics. Similar trademarks can block new applications if there’s a likelihood of confusion among consumers.
What Can An Influencer Do?
If you come up with a catchy phrase, here’s what you should do:
- File an Intent-to-Use Application: As soon as possible, file an intent-to-use trademark application for your phrase. Consider how you will use this trademark, how you will brand your product or service, and how you will make money from it. Be clear about how you intend to use it commercially.
- Consider Existing Trademarks: Research existing trademarks to ensure your phrase doesn’t infringe on someone else’s rights.
- Use Your Phrase: Remember, you do not get any rights in the phrase until you use it in commerce (use in connection with the sale of a product or service), and for an intent-to-use application requires you to eventually use the phrase in commerce to secure the trademark.
The Bottom Line
Don’t let your creative assets slip away. Protecting your intellectual property is crucial in today’s digital landscape. If you have questions or need help navigating the trademark process, reach out to an experienced attorney.
