Trade with your name and think that’s okay?
Since the birth of their first child, Beyoncé and Jay-Z, they have been advised to Trademark their daughter’s name, Blue Ivy Carter. There have been many other famous celebrities who trademark their own name, or that of their children, in respect of goods and services. The trademark allows them to enforce against anyone else who adopts the name for those registered goods and services, even if it is the birth name of the infringer.
In other words, trademarks grants a commercial right, and a birth right to a name does not contest the trademark.
In the case of Beyoncé’s company, BGK Trademark Holdings, LLC, they filed an intent-to-use trademark application for the mark BLUE IVY CARTER for a wide range of goods and services, including fragrances, baby and hair products, and entertainment services, to name a few.
However, Beyoncé was not the first to apply! Two other entities beat her to apply for a trademark application for similar names at the United States Patent and Trademark Office.
Beyoncé’s trademark application was objected to on the basis of an earlier registration by Joseph Mbeh. Joseph Mbeh applied to register the trademark BLUE IVY CARTER NYC in connection with infant, toddler and related clothing.
It remains to be seen whether Beyoncé’s trademark application what case will be put forward to argue against the refusal, and if it’s sufficient to overcome the Adverse Report issued by the United States Patent and Trademark Office.
If you need help to either register a trademark, or if you need representation for an adverse report refusing a trademark application, then please do not hesitate to contact our Trademark Lawyers here.