TRADE MARK
Artistes

 

This from Annsley Merelle Ward writing for the IP Kat who points out that on the long list of To-Dos, after the birth of a new child” most people do not have “File baby’s name as a trade mark with the USPTO”.  Most people, except Beyoncé and Jay-Z  that is, who on 26 January 2012, four weeks after their baby girl. Blue Ivy Carter, was born, filed a trade mark application for the name with the USPTO.   The application made by Beyoncé’s company, BGK Trademark Holdings, is for the name BLUE IVY CARTER for goods that span the music mogul merchandise spectrum, including CDs, basketballs, baby carriers, baby rattles, fragrances, and earmuffs. Trade mark registrations afford you the exclusive right to use the mark in connection to those classes of goods under the mark.  Importantly it allows you to stop others from doing the same without your permission.  That is where the true value in Beyoncé/Jay-Z’s potential trade mark registration lies – in preventing the use of their child’s name being plastered over every polyester bib and sad looking bear from New York to L.A.  Indeed, earlier two separate third-party applications for the name were rejected by the USPTO on the grounds that the name belonged to a “very famous infant” and consumers would falsely assume that the goods under the mark were approved by or in association with and Beyoncé and Jay-Z. Blue Ivy will also obtain a trade mark registration from the USPTO and that a business and design team is already working on the first line of Blue Ivy baby care accessories.