Navigating Social Media Trends and Trademark Protection
In the fast-paced world of social media, trends like “brat summer,” “coquette aesthetic,” and “strawberry milk makeup” can go viral almost overnight. Despite their brief spikes in popularity, brands often rush to incorporate these trends into their marketing strategies to capitalize on their fleeting appeal.
The question of whether the creators of these trends should seek trademark protection is less straightforward. Recently, TikTok creator Jools Lebron, who popularized the “very demure…very mindful” trend, expressed frustration after discovering that a third party had filed a US trademark application for the phrase.
Can Social Media Trends Be Registered as Trademarks?
Trademark registrations for online trends are not unusual. In Australia, trademarks like “Clean Girl” for hygiene products and “Hot Girl Summer” for alcoholic beverages exist. In the US, several phrases from social media trends have been trademarked, including:
- “Face Card Never Declines”
- “Gaslight Gatekeep Girlboss”
- “Slay Queen”
- “Delulu”
- “Golden Retriever Energy”
- “Glazed Donut Nails”
However, the ephemeral nature of these phrases means that trademarks tied to short-lived trends may face challenges if not used consistently. Some phrases might become so widely used that they turn into generic terms, losing their distinctiveness. Registered trademarks that become generic or are not actively used might be vulnerable to removal.
Key Takeaways
As businesses begin incorporating viral TikTok phrases like “very demure…very mindful…” into their marketing, they should be aware of potential trademark issues. If these phrases are registered as trademarks, using them in similar contexts could lead to infringement claims. There is a delicate balance between leveraging trends for marketing and avoiding trademark disputes.
Our DC IP lawyers are here to help navigate this landscape. Businesses should seek professional advice on the risks of adopting such phrases and consider whether trademark registration is advisable.