Breaking Taylor Swift Trademark News! Recently, while on the Paris portion of her Eras tour, Taylor Swift filed a trademark for the term, Female Rage: The Musical. Want to see the actual filing? Go ahead and check it out here.
What is this new trademark?
This new mark was filed on an intent to use basis, meaning at the time of the submission, Taylor Swift is not yet actually selling goods or services in connection with this phrase. Once the trademark works its way through the legal process at USPTO, she will need to file evidence of using this mark in connection with all of the goods and services listed in the application.
What goods or services does it cover?
Here’s the interesting part about trademark applications! It will list all of the goods and services the applicant intends to use the mark for. In the instance of Female Rage: The Musical the goods and services included are (truncated): musical recordings, fridge magnets, jewelry, watches, turntable slipmats, guitar picks, musical instruments, writing journals, gift bags, stationery, temporary tattoos, bags, backpacks, purses, wallets, pouches, umbrellas, drinking glasses, drinkware, lunchbags, coasters, make up brushes, incense burners, tops, sweaters, pants, jeans, hoodies, bathrobes, headbands, sleepmasks, aprons, cell phone accessories, retail store services, and of course, musicals!
That’s a lot of stuff! Is Taylor Swift really going to sell incense?
Great question! In all likelihood, the answer is no. When submitting a trademark application, most trademark lawyers advise the client to go big and include as many items as they think they might use, so long as they don’t mind paying the extra filing fees. In this case, I doubt the amount of filing fees was a serious issue.
Why is this filing necessary?
Whenever anyone, famous or not, has a great idea for a new brand or slogan and intends to use it commercially, a trademark application is usually advisable. This way, you can establish exclusive rights to use the mark in the widest number of areas. If someone doesn’t file and another person beats them to a filing for the same or a similar name, that could affect the rights to use it.
Trademark Tips
Don’t forget, trademark filings are always publicly available, so you can find some really fun ones filed by famous people. The problem is, most marks are filed under an LLC or Inc., so you’d need to know the business name.
If you’re considering a trademark, keep in mind:
- it can be a long process, sometimes 18-24 months
- you want to get a an application in sooner rather than later to establish priority use
- you should do a search beforehand to anticipate any problems with your application
- the devil is in the details: once you’ve submitted the application, you cannot make major changes
- you must enforce your rights – if someone starts using your name in connection with similar goods or services, you need to take action ASAP
