Wendel Rosen's Intellectual Property Blog

Taylor Swift Takes Another Step Towards Building Her Empire By Trademarking Her “Swifty” Phrases

From her signature red lips to her retro-chic fashion ensembles, Taylor Swift has carefully crafted and maintained her brand.  Now the 25-year-old musical sensation has taken the next steps toward building her empire.

Taylor Swift

Recently, Taylor filed fifty (50) trademark applications with the United States Patent and Trademark Office (“USPTO”) for marks such as:

  • PARTY LIKE IT’S 1989

Taylor filed these applications under Section 1(b), meaning that she has a bona-fide intent-to-use these marks in connection with various goods and services such as (1) Home décor; Furniture; Containers; Pillows; Cushions; Frames; Mirrors; Ornaments; Wind chimes; (2) Apparel; Clothing; Aprons; Headwear; Headbands; Hosiery; Footwear; (3) Paper products; Printed products; Printed publications; Stationery; Stickers; Decals; Decalcomanias; Removable tattoo transfers; Temporary tattoo transfers; Stencils; Writing instruments; Art supplies; and (4) All-purpose carrying bags; Bags; Handbags; Backpacks; Totes; Shopping bags; Luggage; Luggage accessories; Wallets; Key wallets; Purses; Pouches; Umbrellas; Beach umbrellas.

Presently, the USPTO has issued Office Actions, which require Taylor to provide additional information, refine the description of the goods and services, address issues such as a Section 2(d) Refusal – Likelihood of confusion, among other things.  If Taylor satisfies all the concerns of the examining attorney at the USPTO, then her marks will be published in the Trademark Official Gazette to put the public on notice that her marks may soon be registered.  Any party who believes it may be damaged by the registration of the marks has thirty (30) days from the publication date to file either an opposition to registration or a request to extend the time to oppose.  If someone opposes any of Taylor’s marks, then she will either need to negotiate a co-existence agreement or battle her way through the opposition proceedings before the Trademark Trial and Appeal Board.  If not one opposes Taylors marks, then the USPTO will issue a notice of allowance.  A notice of allowance does not mean that Taylor’s marks are registered.  It simply means that her marks have survived the opposition period (i.e., no one opposed her mark).  Taylor will then have six (6) months to either: (1) actually use the mark in commerce and provide proof of such use through the filing of a statement of use; or (2) request another 6 month extension.  Finally, if she files a satisfactory statement of use with a specimen (i.e., proof of such use in commerce in connection with the goods and services), then her marks will be registered.

It appears that Taylor’s legal team is paving the way for her to mass produce a myriad of merchandise that feature her trademarks and/or to beef-up her ammunition against unauthorized users of her trademark.  Either way, Taylor is taking the right steps to secure her brand by trademarking her “Swifty” phrases.  All she needs to do now is sit back and watch the money roll in.

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