Not Very Demure, Not Very Mindful: Why You Should Be Proactive in Trademarking

TikTok creator Jools Lebron, who popularized the “very demure” catchphrase, found herself facing a legal battle after someone else filed for the trademark before she could. This scenario highlights the critical importance of securing your IP early, especially if you’re a business owner or content creator. 

What is a Trademark and Why Does It Matter?

A trademark is a symbol, word, or phrase that legally distinguishes your brand or product from others in the market. It protects the unique aspects of your business, ensuring that no one else can use them without your permission.  

In a world where content and ideas can spread like wildfire, having a trademark can safeguard your hard work, brand identity, and financial interests. 

In Jools Lebron’s case, her catchphrase went viral, but because she didn’t act quickly to trademark it, someone else swooped in to claim the legal rights. This left her in a vulnerable position, potentially unable to profit from her own creation or stop others from using it. 

Read Our Blog: Unmasking the Legal Battle Over the “Super Hero” Trademark 

What Happens If You Don’t Trademark Early?

Delaying a trademark filing can expose you to a range of risks: 

Loss of Control

If someone else trademarks your brand or catchphrase first, they gain legal rights over it, and you may lose control over how it’s used. 

Legal Disputes

In cases where someone else owns the trademark, you could be forced into costly legal disputes to regain the rights to something you created. 

Missed Opportunities

Without a trademark, you might miss out on lucrative partnerships, sponsorships, and licensing opportunities.  

For example, after her catchphrase went viral, Lebron partnered with major brands like Verizon and Lyft, but a lack of trademark protection could have limited her ability to fully capitalize on her success. 

Read Our Blog: Why Isn’t the Case Finished When the Trial Is Over?  

How to Be Proactive in Trademarking

To avoid finding yourself in a similar situation, here’s how you can be proactive with your IP. 

File for a Trademark Early

The moment you create something that has potential value—whether it’s a business name, slogan, or logo—consider filing for a trademark. It’s a relatively straightforward process that can prevent future legal headaches. 

Consult with an Intellectual Property (IP) Attorney

If you’re unsure about what aspects of your brand are eligible for a trademark, consult with an intellectual property attorney. They can help you navigate the application process and ensure you’re fully protected. 

Monitor Your Trademark

Even after securing a trademark, you need to actively monitor it. If others try to use or infringe on your rights, you must be ready to enforce your ownership. 

Expand Protection If Necessary

Consider trademarking variations of your catchphrases, slogans, or branding to cover all bases. In Lebron’s case, multiple versions of her “very demure” phrase were trademarked by others, which could have been avoided if she had filed trademarks for all the versions in use. 

With platforms like TikTok and Instagram enabling creators and brands to go viral overnight, the importance of protecting your IP cannot be overstated. What starts as a simple trend or catchy phrase can quickly become an asset. But without the legal backing of a trademark, you risk losing control over that asset—and the revenue that comes with it. 

Richards Rodriguez & Skeith IP attorneys offer a wealth of knowledge and guidance to help you protect your trademarks, patents, and copyrights.  In the world of business and creativity, your ideas and brand identity are your most valuable assets. Don’t wait until it’s too late — protect them with a trademark. If you’re interested in learning more about protecting your assets, contact our office today.