The viral content creator and TikToker, Jools Lebron, who coined the phrase “very demure, very mindful,” regrets not trademarking his famous phrase with USTPO.
According to public documents, a Washington State man identified as Jefferson Bates has filed a request to trademark the expression “Very Demure… Very Mindful …” to monetize it.
Click here to read Bates’ USPTO application.
Very Demure.
Lebron’s frase has taken over the internet since she shared a TikTok video on Aug. 2 demonstrating her makeup and hair for work and describing her appearance as “very demure, very mindful.” The short video clip has garnered 48.3 million views so far.
In a now-deleted TikTok, Lebron said she “dropped the ball” on trademarking it sooner.
This is the sad reality for many content creators and business owners. Often, they create valuable intellectual property that can be monetized and protected, but because they do not have the knowledge to identify marks, and/or for lack of funding, they miss to file trademarks while others take advantage of their creativity.
Trademarks are examined and approved on a “first-come, first-serve” basis.
Analyzing the Trademark Filing with USPTO
But let’s analyze the filing and find ways it can be denied.
In this case, the Bates’ application is for marketing services, apparently with an intent to use it for promotional and networking services. His application is also for future use. This fact may derail the application. There is still no website or proof of use attached to the petition, which is an important condition for approval. USPTO always gives preference to marks that are in use, via product, service and the owner provides ways to support their claims with evidence.
Further, when Bates filed the application he declared he was or will be the valid owner of the mark, a false statement, since it is clear it was initially used by Jools Lebron.
Finally, just because he owns a mark does not mean he has absolute rights over it. Trademarks are controlled by both common law and statutory law. In this case, Lebron may have prior rights because she used it first, but her rights may be limited to the current scope of use. A case that rules this situation is the infamous Burger King v Burger King, where a small burger joint preceded Big BK. BK filed and received a trademark and tried to stop Little BK unsuccessfully. Little BK was found to have developed local rights, so it could continue operating where it was, but could not go national.
It appears Lebron has retained legal counsel. They can send a “cease and desist” to Mr. Bates and file an opposition to the trademark with USPTO.
Sadly, Appropriation is Very Common
Often, we hear stories in our firm about business owners who leave trademark registration as a last step in their business processes only to discover that somebody has already taken advantage of their creativity. This can happen with total strangers, but it can also occur among former business partners. Appropriation is a big problem for creatives.
We always tell people that protecting their name, brand and marks should be step one after careful research and consultation with an attorney.
It is a sad fact to note that appropriation is widespread in communities of color in the USA and worldwide, where individuals with less resources and intellectual property knowledge are being taken advantage by people and companies with more funding.
Some of the most obvious and sad instances of intellectual property appropriations occur to Indigenous communities, where they see their traditional designs appropriated and registered by fashion corporations.
UPDATE: Jools Lebron has expressed that she is taking care of the trademark issue and has a professional trademark attorney by her side.
Intellectual Property and Trademark Attorney
We believe that creators and business owners should know the basics of intellectual property and trademark law, to benefit of the business opportunities and wealth they may bring. They also should have an expert Trademark and Intellectual Property Attorney in speed dial to consult.
At Marcos-Law we are committed to educate the community about their intellectual property rights.
Follow our blogs and reach out to us if you want to trademark and protect a mark or content. We are very accesible and give 15 minutes free consultations by phone. Just contact us at (480) 324-6378 Monday to Friday from 9:00 AM to 5:00 PM.