"What’s in a Name? Travis Kelce Seeks Federal Trademark Registration of His Name"
Trademark Registrations and Celebrities
Under United States law, a trademark is a phrase, word, or symbol that identifies products or services from a specific source and distinguishes those goods from others. In other words, a trademark identifies a product or service as belonging to a specific entity and recognizes that entity’s ownership of the brand.
Trademarks Registrations and Celebrities
The past decade has shown a trend of the rich and famous flocking to the United States Patent and Trademark Office (“USPTO”) to apply for federal trademark registration of all manner of things – their names, their children’s names, even catchphrases. Many celebrities have successfully secured federal trademark registrations, including former President Donald Trump, former First Lady Melania Trump, Beyonce and Jay-Z, Taylor Swift, Rihanna, Victoria Beckham, Justin Bieber, Bruce Springsteen, Katy Perry, and Kylie Jenner. Recently, NFL tight end Travis Kelce has joined these ranks, applying with the USPTO to register his name, Instagram handle, a catchphrase, and other marks.
Kelce seeks federal trademark registration of “Travis Kelce” in connection with all manner of merchandise as well as entertainment services and promoting goods and services; “Flight 87,” (a variation on his jersey number) “Alright Nah,” (his catchphrase) and “KillaTrav” (his Instagram handle) in connection with various categories of merchandise; “Travis Kelce’s Kitchen” in connection with various food stuffs; and “Kelce’s Krunch” for—you guessed it—cereal. So, what are his chances? In short, it depends.
Trademark Rights and Registration
As an initial matter, it is important to note that trademark rights can exist prior to obtaining a federal registration. Under the common law, trademark rights arise as soon as a business or entity uses a name, phrase or symbol in connection with its business. What celebrities like Kelce are doing is not “obtaining” a trademark – they are seeking federal registration of a trademark, which provides more robust and formal protections for trademarks. When it comes to federal registration, a trademark (1) must identify the source of specific goods or services in the market, (2) must be in use in commerce in connection with those goods or services, and (3) cannot cause confusion with a previously registered mark for the same or similar goods or services.
Trademark Use Requirement for Registration
Demonstrating actual use of the applied-for mark has been a hurdle for many a celebrity. Taylor Swift’s applications for “The 1989 World Tour,” “Swiftmas,” “This Sick Beat,” “Party Like It’s 1989,” and “Cause We Never Go Out of Style” were all abandoned, presumably due to a lack of use. Beyonce and Jay-Z experienced the same hurdle when attempting to register their oldest daughter’s name, “Blue Ivy Carter.” Jay-Z apparently admitted in print that they had no use (and no planned use) of “Blue Ivy Carter” as a trademark for specific goods or services but were simply trying to prevent others from using her name in commerce. As federal trademarks cannot be used as placeholders for potential future use, his admission was more than sufficient to derail the application. Whether Kelce’s applications can overcome this particular hurdle remains to be seen; as noted in his applications, he does not have current use of any of the proposed marks in connection with specific goods or services but claims an “intent to use” the marks in commerce in the coming days.
On the flip side, while Taylor Swift could not show use of “This Sick Beat” sufficient to obtain a federal registration, Paris Hilton successfully registered “That’s Hot” based on her actual use of the phrase in connection with “multimedia entertainment services.” Hilton’s federal registration later served as the basis for her successful lawsuit against Hallmark for its use of the phrase on a greeting card.
Hurdles to Celebrity Trademark Registrations
But “use” is not the only hurdle to celebrity applications. Even celebrity applicants are subject to trademark law which prohibits the registration of a trademark that would cause confusion with an existing trademark registration. In addition to having no use or intended use of “Blue Ivy Carter,” Beyonce and Jay-Z’s application was rejected as likely to cause confusion with a previously registered “Blue Ivy” mark in use in connection with similar goods or services. The same was true for Kylie Jenner, whose application for “Kylie” for use in connection with clothing was rejected due to the existence of a prior registration for “Kylee” also for apparel. Jenner ultimately filed a petition to cancel the prior “Kylee” registration and won after the owner of the “Kylee” mark failed to answer the proceeding. Jenner’s mark is now in the publication phase, the last step prior to obtaining federal trademark registration.
As with other celebrity applicants, Kelce’s success will depend on the existence of other similar marks already registered for use in connection with similar goods and services and whether he actually uses the marks in commerce. Ultimately, trademark law and obtaining a federal trademark registration can be complicated and nuanced. Lucky for the rest of us, trademark law applies equally to celebrities and Average Joes, alike. For best results, seek counsel to assist you in your trademark application process.
For more information about trademark registration, see our Trademark Services and Industry Focused Legal Solutions pages.
This article has been provided for informational purposes only and is not intended and should not be construed to constitute legal advice. Please consult your attorneys in connection with any fact-specific situation under federal law and the applicable state or local laws that may impose additional obligations on you and your company. © 2024 Klemchuk PLLC