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Trademarking Viral Phrases: A Double-Edged Sword

Writer's picture: Krystle MyersKrystle Myers



In the age of social media, phrases can go viral in an instant, spreading across the globe faster than ever before. With this phenomenon comes a new challenge in the world of intellectual property: the attempt to trademark viral phrases. While it might seem like a smart business move, trademarking viral phrases comes with its own set of unique challenges and considerations.


The Allure of Viral Phrases


It's easy to see why someone would want to trademark a viral phrase. These catchy expressions can:


1. Generate significant buzz and recognition

2. Create instant brand association

3. Potentially lead to lucrative merchandising opportunities


Consider phrases like "On Fleek," "YOLO," "Black Girl Magic", "Where the Money Reside," or the most recent "Very Demure, Very Mindful, Very Cutesy." Most of these viral sensations have been plastered on everything from t-shirts to coffee mugs, representing a potential goldmine for whoever owns the trademark.


The Challenges of Trademarking Viral Phrases


However, the process is far from straightforward. Here are some of the main challenges:


1. Establishing Ownership


One of the biggest hurdles is proving that you're the original creator of the phrase. In the fast-paced world of social media, it can be difficult to trace a phrase back to its origins.


2. Demonstrating Distinctiveness


To be trademarked, a phrase must be distinctive and not merely descriptive. Many viral phrases are common expressions or slight variations of existing sayings, making them difficult to protect.


3. Overcoming "Generic" Status


If a phrase becomes too widely used, it may be considered "generic" and therefore untrademarkable. This is a particular risk with viral phrases that quickly enter common parlance.


4. Navigating Public Opinion


Attempts to trademark viral phrases often face backlash from the public, who may view it as an attempt to "own" language or profit from communal creativity.


5. Dealing with Potential Infringers

In the fast-paced world of viral content, there's a risk of infringers posing as the rightful owner and beating the actual creator to the punch by filing a trademark application first. This scenario underscores the importance of having a agile legal team ready to address such issues immediately. Quick action can be crucial in establishing and protecting your rights to a viral phrase.


Case Studies: Successes and Failures


Success: "That's Hot" - Paris Hilton


Paris Hilton successfully trademarked her catchphrase "That's Hot" in 2007. Her celebrity status and consistent use of the phrase in her reality TV show helped establish it as a distinctive mark associated with her brand.


Failure: "YOLO" - Drake


Despite popularizing the phrase "YOLO" (You Only Live Once), Drake's attempt to trademark it was unsuccessful. The phrase had become too generic and was already widely used before his application.


Legal and Ethical Considerations


Trademarking viral phrases raises several ethical questions:


1. Does it stifle creativity and free expression?

2. Is it fair to profit from a phrase that gained popularity through communal use?

3. How do we balance intellectual property rights with the collaborative nature of internet culture?


The Future of Viral Phrase Trademarks


As social media continues to evolve, so too will the landscape of trademarking viral phrases. We may see:


1. More sophisticated methods for tracking phrase origins

2. New legal frameworks to address the unique challenges of digital-age trademarks

3. Increased scrutiny of trademark applications for viral content


While trademarking a viral phrase might seem like a quick path to success, it's a complex process fraught with legal and ethical challenges. For those considering this route, it's crucial to carefully weigh the potential benefits against the hurdles and public perception issues that may arise. As with many aspects of our rapidly evolving digital world, the intersection of viral content and trademark law remains a fascinating and contentious area to watch.


If you're considering trademarking a viral phrase or want to develop a strategy to protect your intellectual property in the digital age, our firm is here to help.


Don't leave your valuable intellectual property unprotected. Reach out to our experienced team of trademark attorneys today for a consultation. We'll help you understand your rights and develop a tailored strategy to protect your creative assets in the fast-paced world of viral content.


Contact Us:

Take the first step in securing your intellectual property. Contact us now to schedule your consultation and ensure your viral success is legally protected.


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