Jay-Z and Beyonce file Trademark and Servicemark for “Blue Ivy Carter”
My paralegal was reading the news this morning when she came across an article that said that Jay-Z and Beyonce were attempting to trademark their newborn’s name. They named their baby Blue Ivy. When she told me about it, I went and dug a little further to find out exactly what they were trying to trademark.
For those of you who do not know, a trademark in its simplest terms is a name, logo or other device used by a business to identify their product(s). A service mark in its simplest terms, is a name, logo or other device used by a business to identify the services they provide. An example of a trademark is “McDonalds”.
Further, to achieve a trademark or servicemark with the use of someone’s name, they must consent to the use through a signed affidavit.
In reviewing the application filed on January 26th, Jay-Z and Beyonce are attempting to protect the words “Blue Ivy Carter”. They filed in 15 different classes (3, 6, 9, 12, 14, 16, 18, 20, 21, 24, 25, 26, 28, 35 and 41). Classes 35 and 41 are for servicemarks. They are attempting the shotgun approach and filing in classes that contain anything from hair care products to sports accessories to entertainment services. All of the information is readily available on the USPTO’s website at www.uspto.gov. The applicant for the trademark is Beyonce’s Delaware LLC, BGK Trademark Holdings, LLC.
In the articles I’ve reviewed, it seems like Jay-Z and Beyonce are trying to protect their child’s name from being used for profit by other businesses. As soon as they announced the name of their child, several businesses filed for trademarks for “Blue Ivy”. Some “experts” are saying that it is a great idea in order to protect their child’s name. Although it is a good idea to protect their child’s name, I’m not sure if they will be able to actually get the marks registered.
To actually obtain a trademark, you must intend to use the trademark in commerce when you file it and you must eventually show proof of your use in commerce. You may file the initial application with an “intend to use” designation on it so that you have more time to get your products up and going. However, you eventually have to prove use. Although I’m sure they have the money to produce items with “Blue Ivy Carter” all over them, they also have to make them available to the public for purchase. (By the way, it would be several hundred products they would have to produce).
It is possible to buy some time from having to prove use of the trademark but you can only buy so much time from the time you initially file. They may be filing now knowing they will not have any products to prove use and will let the application lapse and then refile and continue to do such over and over.
To learn more about trademarks and servicemarks or to file a trademark or servicemark, please contact our intellectual property attorney at Wood, Atter & Wolf, P.A. located in Jacksonville and Ponte Vedra Beach, Florida.
