We’ve all experienced the type of nightmares that feel so real that you could have sworn someone jolted you awake. Unfortunately, this TikTok creator’s nightmare didn’t come with a pillow and blanket. It led her right to the USPTO.
Jools' Trademark Nightmare
The viral TikTok creator, Jools Lebron, started the famous online phrase “very mindful, very demure” to describe how the creator shows up to work. “ The original video has since grossed over 52 million views.
Merely weeks after the video went viral, Jools broke the disturbing news in an emotional video that two individuals–not affiliated with her brand— filed a trademark application for the phrase before she could.
According to NBC News, the second person said she filed a trademark application “with the aim of helping Lebron hold onto it until they could complete the transfer of the trademark.”
On August 27th, one week after the first filer, Jefferson Bates, filed the application, Jools posted a video assuring supporters that the Trademark situation was being handled and that she now had a team.
Currently, Jools Lebron has 2 filings for “Very Demure Very Mindful” under her legal name.
Since then, Jool has launched new “very demure” merchandise (TikTok) and inked deals with global brands such as GoFundMe, Taco Bell, and Zillow. Jool has also attended New York Fashion Week and made appearances on Good Morning America and The Jimmy Kimmel Sho!
What Happens Next?
After the application has been filed and reviewed, there is a thirty (30) day opposition period.
During the opposition period, the original user, Jools, can rebut and prove that they use the word, phrase, or logo to indicate the source of their goods or services, and when people hear or see the mark, consumers think of them.
What Does This Mean?
Jools gets the last laugh!
The USPTO will likely grant Jools the Trademark over the two initial filers because consumers view her as the source, which grants her superior Trademark rights. A trademark application is not a guarantee. It is merely a request; submission doesn’t mean someone automatically owns it.
In simple terms, filing for a trademark is requesting protection for your mark across the country.
Ready to Protect Your Brand?
If you’re thinking about getting a trademark or have questions about how to protect your creative works, we’re here to help! Schedule a Trademark Discovery Call with our office today. Let’s make sure your brand shines bright and stays safe!
Remember, your ideas and your brand deserve protection. Don’t wait—let’s get started!
Want to learn more about all JMA LAW has to offer your business? Head over to our website at jmalaw.org
Comentarios