Pop culture juggernaut Beyoncé Giselle Knowles-Carter (universally known as Beyoncé) recently gave birth to twins Rumi and Sir Carter. Along with the usual pomp that comes when celebrities have children, Beyoncé filed trade mark applications over the twins’ names.
Trade marking baby names is becoming more commonplace amongst public figures. The practice provides insight into the flexibility and utility trade marks provide, and the important role they will play in the future.
A registered trade mark grants its owner a monopoly to use that mark in association with specific goods and/or services.
The trade marks “Rumi Carter” and “Sir Carter” were filed by BGK Trade Mark Holdings, LCC in June 2017. The applications cover items including cosmetics, key chains, music, teething rings, video games, and books (to name a “few”).
Although this practice might seem self indulgent, it allows public figures to take action against third parties who attempt to exploit their reputations.
Assuming the marks are granted, if an opportunistic party attempted to make a quick buck by selling ‘Sir Carter’ branded strollers, Beyoncé could take swift action to shut down the operation and claim any profits made. Undoubtedly, Beyoncé will seek further trade mark protection in other countries.
Reality TV superstars, ‘the Kardashians’, own and manage a large trade mark portfolio. Over the last decade, the Kardashians have become household names, selling a variety of products under the Kardashian umbrella.
Associating the Kardashians with a product creates considerable consumer hype and attention. Kim Kardashian’s smart phone game ‘Kim Kardashian: Hollywood’ generated $74.3 million in its first six months of release.1
During Angela Renée White’s (known to the world as “Blac Chyna”) short-lived engagement to Robert Kardashian, she filed a trade mark application for the name “Angela Renee Kardashian”. The Kardashian Empire, understanding the commercial significance of the Kardashian brand, successfully opposed this application.
Although we doubt many readers will feel compelled to trade mark their children’s names, the actions of the Beyoncés and Kardashians of this world highlights the importance of registering trade marks.
Trade marking should not end at your business’s name and logo; names of products, systems, colours, and characters (fictional or real) of commercial importance can be registered. If your business sells a standout product with a distinctive name, or appearance, registering that name or logo as a trade mark will provide recourse should an imitator appear. If you need to review your current trade mark portfolio, or start a new one, feel free to contact Iain Freeman.
[1] Natalie Robehmed, ‘No, Kim Kardashian probably didn’t make $80 million from her iPhone game’, Forbes (online), 8 March 2016