354 - Trademarks - Very Mindful

Unf*ck Your Biz With Braden

On today's episode of the podcast I'm talking about the very demure, very cutesy trend from a trademark perspective with attorney Caroline Fox, owner of CJFox Law and Engaged Legal.

The "very demure, very mindful" trend was started by creator Jules on TikTok and then corporate brands started hopping on it left and right. A couple weeks later a random man named Jefferson Bates filed an intent-to-use trademark application for it. An intent-to-use application, also called a 1B, essentially says I'm not using this commercially yet but I will swear under oath that I have good faith intention to use this trademark in relation to whatever services are being claimed in the application.

When you file an intent-to-use, you should have in mind what it will be used for, like if you're planning a rebrand to launch in a few months you already know how it will be used. Sometimes people file and don't have an intention and their fall back becomes putting it on some kind of merch, but that would make it ornamental use and that's not even a trademark use. Unless you're operating the retail store, you'll probably get a purely ornamental refusal if you're just putting a slogan on your shirts. It's easy for this to be confusing because we see slogans or logos like Nike on shirts, but it actually has to be a source indicator. It has to either be related to the brand name or it has to be identifiable to your brand.

Bates filed the trademark in Class 35 under advertising services, and we're not sure what the thought process was there. Jules could file a letter of protest, but you can't argue with a letter of opposition before the trademark opposition proceeding happens. Jules can file her own application, but even if she pays to expedite it she has to wait for Bates' to be reviewed first.

Get in touch with our guest

Caroline Fox, owner of CJFox Law and Engaged Legal

Follow Caroline on TikTok @a.lawyer.and.her.dog