Jools Lebron, a Chicago-based social media influencer with over 2 million TikTok followers, recently found herself at the centre of a trade mark dispute. Her catchphrase, “Very Demure, Very Mindful,” which gained significant traction online, has attracted the attention of others seeking to capitalise on its popularity.
Trade marks are vital tools for protecting intellectual property, ensuring that a brand’s identity is safeguarded against misuse. In general, trade marks protect words, phrases, logos, and other identifiers that distinguish one company’s goods or services from those of others. Registering a trade mark gives the owner exclusive rights to use the mark in connection with the goods or services for which it is registered. This not only helps in maintaining a brand’s unique identity but also prevents confusion among consumers.
Trade Mark Ownership
The rules surrounding trade marks vary by jurisdiction. In the UK, for instance, the first-to-file rule generally applies, meaning the first person to register a trade mark has the right to use it, regardless of who used it first. This can lead to situations where a later user of a mark might lose out simply because they did not file a trade mark application in time. Additionally, in the UK, there is no requirement to show use of the trade mark at the time of application, although a lack of use within five years can lead to its revocation.
In contrast, US trade mark law operates under a first-to-use system. This means that the rights to a trade mark are typically granted to the first person who uses it in commerce, not necessarily the first to file an application. This distinction is crucial for creators like Lebron, whose catchphrase became widely recognised before she had the opportunity to register it. However, an intent-to-use application in the US can still grant priority to the first filer, provided they can demonstrate plans to use the mark in commerce.
Protect Your Intellectual Property
Lebron’s situation exemplifies the importance of promptly securing trade mark rights, particularly in the fast-moving world of social media. Jefferson Bates, a man from Washington state, filed an application to trade mark “Very Demure, Very Mindful,” raising concerns that Lebron might lose the ability to use her own catchphrase for official merchandise or sponsored content within the state. Lebron, who has used her internet fame to finance her gender transition, expressed regret in a now-deleted TikTok video for not securing the trade mark sooner.
Despite this setback, legal experts remain optimistic about her chances of challenging Bates’ application. Under US trade mark law, the first person to use a trade mark in commerce generally holds the rights, not necessarily the first to file. This gives Lebron a potential advantage, provided she can demonstrate her use of the phrase predates Bates’ application.
In response to Bates’ actions, Raluca Pop, founder of Hive Social, filed a trade mark application for the phrase “Very Demure Very Cutesy” in California to support Lebron, intending to transfer the rights to her.
Lebron’s situation highlights a broader issue faced by content creators who go viral, particularly those who may not have immediate access to the resources needed to protect their intellectual property.
At National Business Register, we’d always advise that as soon as content starts to gain traction, it is crucial to file a trade mark application promptly to safeguard one’s rights and avoid costly legal battles.
Looking for IP or Trade Mark Protection?
If you wish to gain exclusive rights to your business name, logo, tag line or design within the UK or globally, National Business Register Group (NBR) has been assisting businesses with trademarks and brand protection since 1984. Contact NBR on Info@nbrg.co.uk or by calling 0800 069 9090.
Looking for Business Name Protection?
If you want more information about how to protect your business name in the UK without registering a trade mark, contact us at Start.Biz where we will be able to assist with business name protection. Start.Biz is a subsidiary of NBR, please email Info@Start.Biz or call 0800 069 9090.
