Trademark Protection (Taylor’s Version)

11 Oct Trademark Protection (Taylor’s Version)

Introduction to Trademark Protection

The successful singer Taylor Swift has not only managed to establish herself as one of the most influential forces in the music industry, but she has also built an immense portfolio of trademarks over her career, revolving around her persona, becoming a true “Lover” of Intellectual Property.

Trademarks are distinctive signs used to identify and distinguish products and services in the market. Through trademarks, consumers associate these products and services with a specific business origin.

 

Taylor Swift’s Trademark Portfolio

Taylor Swift has applied for over 600 trademarks worldwide, which are owned by her management company TAS Rights Management, LLC. Among all the requested and registered trademarks, we highlight the following:

• Trademarks related to her persona, such as her name and signature.
• • International Trademark No. 1005693 “TAYLOR SWIFT”, covering the European Union (EU), registered for musical recordings in Class 9, clothing in Class 25, and entertainment services in Class 41.

• • International Trademark No. 1421359, covering the EU, registered for musical instruments in Class 15, t-shirts and other clothing in Class 25, hair accessories in Class 26, and dolls in Class 28.

 

• Slogan trademarks from famous song lyrics. Interestingly, these trademarks correspond to phrases extracted from a song but do not form part of the song’s title.
• • European Union Trademark No. 18081572 “CAN YOU JUST NOT STEP ON MY GOWNS”, registered for various products and services, including phone cases or audio recordings in Class 9, musical instruments in Class 15, towels in Class 24, product sales in Class 35, or entertainment services in Class 41. The purpose of this registration seems to be selling products with the slogan printed on them. However, it is noteworthy that it has not been applied for clothing in Class 25.

Song title: You Need To Calm Down

[Chorus]

So oh-oh, oh-oh, oh-oh, oh-oh, oh-oh

You need to calm down, you’re being too loud

And I’m just like oh-oh, oh-oh, oh-oh, oh-oh, oh-oh (Oh)

You need to just stop, like can you just not step on my gown?

You need to calm down

 

• • International Trademark No. 1479091 “THE OLD TAYLOR”, covering the EU, registered solely for product sales in Class 35.

Song title: Look What You Made Me Do

[Bridge]

I’m sorry

But the old Taylor can’t come to the phone right now

Why? Oh, ’cause she’s dead (oh)

 

• • European Union Trademark No. 18055615 “COOL CHICKS”, registered for a variety of products, including phone cases or audio recordings in Class 9, musical instruments in Class 15, pillows in Class 20, Christmas tree ornaments in Class 28, product sales in Class 35, or entertainment services in Class 41.

Song title: ME!

[Verse 1: Taylor Swift]

I know that I’m a handful, baby, uh

I know I never think before I jump

And you’re the kind of guy the ladies want

(And there’s a lot of cool chicks out there)

I know that I went psycho on the phone

I never leave well enough alone

And trouble’s gonna follow where I go

(And there’s a lot of cool chicks out there)

• Trademarks of her cats’ names: Meredith, Olivia, and Benjamin Swift.
  • Registered trademark in the U.S. office No. 88480542 “MEREDITH, OLIVIA & BENJAMIN SWIFT”, registered for various products such as electronic devices in Class 9, stickers in Class 16, drinkware in Class 21, bedding in Class 24, clothing in Class 25, or toys in Class 28.

 

• Trademarks from the world’s highest-grossing tour: The ERAS Tour.
• • International Trademark No. 1752033 “TAYLOR SWIFT THE ERAS TOUR”, covering the EU, registered for various products and services such as musical recordings in Class 9, jewelry in Class 14, towels in Class 24, clothing in Class 25, product sales in Class 35, and entertainment services in Class 41, among many others.

 

• Trademark for her unpublished novel, written by Taylor at the age of 14, which has not yet been released:
• • International Trademark No. 1558878 , covering the EU, registered for electronic devices in Class 9, books and stationery in Class 16, clothing in Class 25, or electronic publications and entertainment services in Class 41, among others.

 

• Trademarks of her album names, including the Taylor’s Version re-recordings aimed at regaining ownership of her early albums.
• • European Union Trademark No. 18055608 “LOVER”, registered for a wide range of products and services, including electronic devices and downloadable recordings in Class 9, keychains in Class 14, phone accessories in Class 26, product sales in Class 35, and entertainment services in Class 41, among other products and services across different classes.

• • International Trademark No. 1639287 “SPEAK NOW TAYLOR’S VERSION”, covering the EU, registered for numerous products and services such as musical recordings in Class 9, stationery in Class 16, toys in Class 28, product sales in Class 35, or entertainment services in Class 41, among many other products and services across different classes.

 

• Trademarks that originate from her fans, for example, how her followers are called or internal references among “Swifties.”
• • International Trademark No. 1351033 “SWIFTIES”, the designation in the European Union only protects product sales services in Class 35 and entertainment services in Class 41.

• • International Trademark No. 1531479 “SWIFTMAS”, covering the EU, for a variety of products and services, such as stationery in Class 16, clothing in Class 25, product sales in Class 35, and entertainment services in Class 41, among others.

 

Taylor Swift’s Trademark Strategy

As we can see, Taylor Swift’s commitment to protecting her intangible rights has been very clear. In addition to safeguarding distinctive signs directly linked to her music and persona, such as her name, initials, or signature, she has also extended protection to terms and phrases that hold special meaning for “Swifties” because they are directly related to the artist.

And since Taylor’s persona is so powerful, she seeks to maintain complete control over her identity and everything surrounding it. As Taylor would say, “You belong with me,” or more accurately, the Trademark Law belongs with Taylor Swift.

Through the strategic approach she has employed since the start of her musical career, the artist protects her personal brand, preventing third parties from profiting off her intangible assets by commercializing products or services that contain her name, her cats’ names, albums, or iconic lyrics. This strategy also helps Taylor Swift to prevent third parties from damaging or undermining her reputation, thereby consolidating her influence and ability to manage the cultural and commercial value associated with her name.

 

Effectiveness of Taylor Swift’s Strategic Approach

So far, we understand the theory, but is this a good strategy? Remember that trademark holders in the European Union are obligated to use their trademarks and demonstrate such use (after the five-year grace period following their registration). Failure to do so exposes them to the risk of having their trademark canceled due to non-use initiated by a third party. Therefore, it is not enough for Taylor to register her trademarks to prevent others from registering similar names; she must use them in the marketplace for the protected products and services to maintain their protection.

For example, upon observing the trademark “A girl named girl,” the title of her unpublished novel, we see that the singer has yet to make use of this trademark, and the five-year grace period is nearing its end. However, this international trademark, based in the U.S., covers multiple territories, including the European Union. Does the singer plan to publish this novel, or is she reserving the title for a potential autobiography? Either way, she should act quickly!

In conclusion, Taylor Swift is not only solidifying her status as a music industry mogul but has also proven herself to be an expert in this area of law, “‘Cause we [trademark registration] never go out of style.”

Author: Jiarong Wu Zhou, lawyer at Curell Suñol, SLP.