On fleek. Ain’t nobody got time for that. What do these phrases have in common? They are phrases that were uttered by non-celebrities that became viral via social media. As a result of the increased popularity of these statements, some people have asked the following: is it possible to trademark a viral phrase?
Before answering that question, it is necessary to understand some basic concepts.
Trademark Basics
A trademark is a word, slogan, logo or any combination that distinguishes the goods or services of one party from those of others in the marketplace. What is a good example of a trademark? The bitten apple on Mac laptops created by Apple. It’s a design that distinguishes Apple’s laptops from the laptops of competitors, such as Dell and HP. Essentially, trademarks relates to branding.
The term trademark is also used to describe the process where one registers a mark with the United States Patent and Trademark Office (USPTO).
Trademarking a Viral Phrase
So, is it possible to trademark a viral phrase? Yes. So long as the phrase is used (or will be used) in conjunction with goods or services, it is possible to trademark it. The young woman who popularized the term “on fleek,” Kayla Newman, applied to use it in the future in association with clothes, such as tops and pants. An entity also registered “on fleek” because of its use of the phrase in conjunction with eyebrow cosmetics.
If you have questions about trademarks, read this blog post about trademark licensing and contact Jean-Louis Law here.
