Best Practices: Trade Mark Protection for Influencers

We live in a digital age, and so influencers are no longer just content creators. They have become powerful personal brands, often generating substantial income through partnerships, endorsements, and product lines. With this growth comes the need to protect that brand identity – and one of the most critical tools in an influencer’s legal arsenal is trade mark protection.

This article explores the best practices influencers should follow to secure trade mark protection, while also discussing why it’s essential with real-world examples and key statistics.

Why Influencers Need Trade Mark Protection

As influencers build their personal brand, they accumulate valuable goodwill with their audience. Their name, logo, tagline, or even a unique catchphrase can be synonymous with their content or personality. Without trade mark protection, these assets are vulnerable to misuse or outright theft by third parties.

The benefits of trade marking as an influencer include:

• Preventing Imitation: A registered trade mark ensures that no one else can legally use your brand name or symbols in a way that causes confusion.
• Monetising Your Brand: Trade mark protection enables influencers to leverage their brand more effectively through licensing, partnerships, and merchandising.
• Protecting Reputation: Ensures that your brand maintains its integrity, allowing you to control how it’s used by others, particularly in cases of product endorsements or collaborations.

Kylie Jenner’s Trade Mark Case

Kylie Jenner is one of the most successful influencer-entrepreneurs. In 2015, Jenner sought to trade mark the name “KYLIE” for her rapidly expanding cosmetics business. However, Australian pop singer Kylie Minogue opposed her application, stating that “KYLIE” had been associated with her for years. Minogue eventually won the dispute. This case illustrates that even high-profile influencers can face trade mark challenges, highlighting the importance of securing legal protection early in a brand’s lifecycle.

Statistics Highlighting the Importance of Trade Marks for a UK Audience

1. Influencer Marketing Growth: The global influencer marketing industry is projected to reach $21.1 billion by 2024. In the UK, influencer marketing was valued at over £1.7 billion in 2022. With influencers moving beyond content creation into product endorsements, collaborations, and branded merchandise, trade mark protection is crucial to maintaining control over their brand assets.
2. Trade Mark Filings for Influencers: In the UK, trade mark filings for personal brands, including those of influencers, have seen a rise. Between 2020 and 2021, trade mark applications surged by 15%, many of which involved influencers looking to protect their names, handles, and product lines. Globally, trade mark filings increased by 13.7% in 2021, according to the World Intellectual Property Organization (WIPO), with a notable rise in applications from influencers in industries such as beauty, fashion, and fitness.
3. The Risk of Imitation: According to a report by the Counterfeit Intelligence Bureau, global losses due to counterfeit goods, often using the names and likenesses of influencers, exceed $500 billion annually. In the UK, influencers face increasing risks from counterfeit products and brand impersonation, particularly in sectors like fashion and beauty. Trade marking can significantly reduce the likelihood of third parties exploiting their brand identity.
4. Economic Benefits of Trade Marking for Influencers: A UKIPO report revealed that UK influencers and entrepreneurs who trade mark their brand see, on average, a 60% increase in business value compared to those who don’t. Globally, 80% of trade mark holders report an increase in revenue after securing trade mark protection, as it allows them to safely expand their brand through licensing, product lines, and collaborations.
5. Trade Mark Infringement Lawsuits on the Rise: In the US and Europe, there has been a 30% increase in trade mark-related lawsuits in the influencer space, according to the Global Brand Counterfeit Report 2022. These disputes often arise when influencers fail to protect their brand early on, allowing competitors or counterfeiters to use their name, logo, or catchphrase without permission.
6. Brand Loyalty and Consumer Trust: A WIPO survey found that 85% of consumers globally are more likely to purchase products or services from influencers with registered trade marks. In the UK, this figure stands at 79%, underscoring the importance of trade mark protection in fostering consumer trust and ensuring that influencers retain control over their brand’s reputation and quality.
7. Celebrity and Influencer Trade Mark Success Stories: Globally, high-profile influencers and celebrities are increasingly trade marking their personal brands to protect and expand their business interests. For example, British influencer Zoella (Zoe Sugg) successfully trade marked her brand early on, enabling her to grow a multimillion-pound beauty and lifestyle empire. Similarly, US influencers like Kylie Jenner have used trade marks to protect the names of their beauty lines, securing them against unauthorized use and counterfeit products.

These statistics demonstrate that influencers, particularly in the UK and globally, must prioritise trade mark protection as they grow their personal brands. With the influencer economy booming, trade marks safeguard the integrity of their name and image, ensuring legal protection, business expansion, and consumer trust.

Given the potential legal disputes and the rising number of influencers entering the market, securing trade mark protection is becoming not only a best practice but a necessity for long-term success.

Best Practices to Gain Trade Mark Protection

1. Identify What Needs Protection

The first step in trade mark protection is identifying the elements of your brand that are unique and worth protecting. For influencers, these could include:

• Name/Handle: Many influencers use their own name or a pseudonym as their brand. If this is integral to their identity, it should be trade marked (e.g., @Mrs_Hinch).
• Logo: A recognisable logo, like the stylised signature of YouTuber PewDiePie, is worth trade marking as it is visually linked to the influencer’s brand.
• Tagline or Catchphrase: A phrase commonly used by the influencer, like “Stay Peachy” by YouTuber Zoella, can become a trade markable asset.
• Signature Products: If the influencer has a product line (cosmetics, clothing, etc.), the product names, packaging, and logos should be trade marked to prevent knock-offs.

2. Conduct a Thorough Trade Mark Search

Before applying for trade mark protection, it’s crucial to conduct a search to ensure that your chosen name or mark is not already in use. The USPTO and other national trade mark offices have databases where you can perform these searches.

A notable example of failing to conduct a thorough search is the case of Cardi B. The rapper attempted to trade mark the phrase “Okurrr,” a sound she popularised, but her application was rejected in 2019 because the phrase was deemed too common in everyday usage and already associated with various products.

3. Choose the Right Class for Protection

Trade mark protection is divided into different classes based on the types of goods or services associated with the mark. Influencers need to select the appropriate categories for protection. For example:

• Content Creation and Online Services (Class 41)
• Merchandising (Class 25, for clothing and accessories)
• Beauty Products (Class 3, for cosmetics)

Choosing the correct class can ensure that an influencer’s brand is protected in all areas where they operate. Failure to choose the right class can limit the scope of protection and leave the brand vulnerable in certain industries.

4. Apply for a Trade Mark Early

The sooner you apply for trade mark protection, the better. Waiting too long can leave an influencer’s brand open to exploitation by copycats. Filing for trade mark protection early ensures that you are legally recognised as the rightful owner of your brand assets.

For example, Taylor Swift has been proactive in trade marking various elements of her brand, including song lyrics and album titles, before the release of her albums. By trade marking phrases like “This Sick Beat” from her 1989 album, Swift not only protected her creative work but also positioned herself to profit from merchandise sales tied to these phrases.

5. Monitor and Enforce Your Trade Mark

Once a trade mark is secured, it’s essential to monitor its use and enforce it when necessary. Influencers should actively watch for any unauthorised use of their brand elements and be prepared to take legal action when needed.

Influencers who fail to enforce their trade marks may experience what’s known as “trade mark dilution,” where the distinctiveness of their brand is weakened. This can happen if others use a similar mark in a way that damages the brand’s reputation. For example, Paris Hilton famously trade marked her catchphrase “That’s Hot” and successfully sued companies that tried to use the phrase without her permission.

6. Consider International Protection

Influencers with a global following should also consider trade marking their brand in key international markets. The process for obtaining international trade mark protection can be complex, but services like the Madrid Protocol allow for filing in multiple countries simultaneously.

Take Cristiano Ronaldo, the famous footballer and influencer. Ronaldo has trade marked his “CR7” brand in multiple countries, covering his use of the mark for clothing, fragrances, and other merchandise.

Conclusion

As the influencer economy continues to expand, the importance of protecting personal brands through trade marks has never been greater. With the rise of brand impersonation and product knock-offs, influencers must take proactive steps to safeguard their intellectual property. From identifying what to protect to monitoring and enforcing trade marks, the best practices outlined in this article provide a roadmap for influencers looking to secure their brand’s future.

Trade mark protection doesn’t just safeguard your brand—it opens up new opportunities for monetisation, ensures consistency in how your brand is represented, and offers peace of mind that your hard work won’t be exploited. By investing in trade mark protection, influencers can truly take control of their identity and career, just as established brands do in traditional business sectors.

Don’t leave your brand vulnerable—contact National Business Register today at 0800 069 9090 or email Info@nbrg.co.uk. to find out how we can help protect your brand.

Don’t leave your IP to chance – let’s protect your business together.