Beyoncé and Jay-Z, applied to register their daughter’s name, Blue Ivy Carter as a Trademark. If your name was Ivy Carter and you started up a business selling fragrances, cosmetics, skin care products, metal key chains, baby carriages, baby strollers, books, bags, mugs, glassware and so forth, then you could be in grave danger of receiving a cease and desist letter if you make any sales in the United States.
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.
Names are particularly used and gain reputation as a trademark in the professional fields such as physiotherapy, occupational therapy, singers, dentists, clairvoyants, photographers, artists, bakers, cafes, barbers, etc. We have registered many of these as a firm.
It may come as a surprise to you as you thought you could use your own name. However your birth right to a name does not extend to commercial trading with that name as a business or as a trademark. Think of well known brands which are surnames or names – McDonalds, Smiths Crisps, Jenny Craigs and Jim’s mowing. These have substantial reputation in the market and they won’t hesitate to litigate and seek damages.
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.
You are in good hands with our experienced Trademark Attorneys.
