Beyonce Filed Application to Register Blue Ivy Carter's Name with USPTO

Beyoncé has filed an application to register her 5-year old daughter Blue Ivy Carter’s name with the U.S. Patent and Trademark Office (“USPTO”) for use on everything from hair care to clothing, mobile devices and video games, among a number of other classes of goods.

In 2012, shortly after Blue Ivy’s birth, Beyoncé and husband Jay-Z filed to register “Blue Ivy Carter” with the USPTO in 14 different classes of goods. These classes range from cosmetics/fragrances, baby products, hair accessories, etc. They were unsuccessful, largely because they had not actually used the trademark, let alone used it in commerce.

Apparently, they had merely filed the trademark on their daughter’s name in order to prevent others from using their child’s name on baby products.  Unfortunately, in order to obtain a trademark and to keep it live, the mark has to be used in commerce, and that use needs to be continuous.  You cannot obtain a trademark on something simply to exclude others from using it.  The whole purpose of a trademark is to act as a source designator.  The principles of trademark law, allow the source designator to prevent someone else from using the trademark in a manner that is likely to confuse the consuming public.

Until Beyonce starts using “Blue Ivy Carter” as the source designator for products in the selected classes of goods, no trademark will issue.   Blue Ivy Carter is the name of a child, not a brand name.  There is no way that Jay-Z and Beyonce will be able to obtain a trademark on their baby’s name for the purpose of preventing others from using a mark confusingly similar to “Blue Ivy Carter.”  Until they have actual products being sold in commerce that bear the “Blue Ivy Carter” trademark, the name of their child will remain a name, a opposed to a brand.

© 2017 Tyler Mellos