What Would Taylor Swift Do: Trademarks Version

Only two days after having jokingly referred to The Tortured Poets Department section of her Eras Tour as “Female Rage: The Musical”, Taylor Swift has applied to register the title as a trade mark at the United States Patent and Trademark Office (USPTO).

It is not the first time that the award-winning artist has shown IP acumen when it comes to protecting “Taylor Swift”, the brand. In 2019 Taylors former label, Big Machine Records, sold off the master rights to her first six albums without her insight. This event, which has been followed by her choice to re-record these sold off albums to re-establish rights in her albums, does go some way to explaining why she would prefer to be proactive when it comes to the protection of her IP assets.

Since she first protected her name as a trade mark in 2008, it is estimated that her team at TAS Rights Management LLC has filed hundreds of applications worldwide. The applications cover a wide array of goods and services, and the trade marks themselves reflect some of her most celebrated lyrics.

The artist likes to leave hidden messages - or ‘Easter Eggs’ - in her content for her fan base to speculate about. But did you know that some of these could actually help you shape your trade mark strategy?

Here are four that our Swiftie team have spotted for you:

1- “Long Live...”

By widely protecting the many aspects of her ‘brand’ through trade mark registration over a variety of classes, Swift ensures that she gets full control over the commercial derivatives of her creative work. This constitutes an additional source of revenue for her and increases the ’exclusivity‘ appeal of her marketing efforts.

2- “Look What You Made Me Do..."

Although the artist can of course rely on other mechanisms of protection, such as copyright and common law rights, trade mark registration offers a more cost-effective enforcement of her rights. Evidence of a registered trade mark tend to sway web hosting providers when it comes to online takedowns. This is something Swift and her team manage well, as demonstrated by her handling of unauthorised merchandise sold on Etsy back in 2015 in which her team sent out cease and desist letters to Etsy vendors which were using her trade marks.

3- “Invisible String...”

By being proactive with trade mark registration, Swift gives herself leeway to consider artistic and business expansion in the short to medium term. This is made even more necessary given her high-profile exposure on social media. The filing of an application to register her latest album’s title (“The Tortured Poets Department”) at the USPTO only 10 minutes after its official announcement does show a perfect mastery of timings from her part. And when success comes unexpectedly, as in the case of “Female Rage: The Musical” which was coined by Swift on 9 May 2024 at her Eras Tour show in Paris and was followed by a trade mark application on 11 May 2024 after it went viral online, Swift and her team know how to adapt.

4- “I Bet You Think About Me...”

A quick peek into Swift’s registrations at the USPTO reveals that the artist largely relies on the intent-to-use (ITU) filing basis which allows her effectively reserve the use of the sign in a given marketplace, whilst developing her commercial strategy. As US trade mark protection for an ITU application is conditional on the mark being used in commerce in relation to the goods and services applied for, Swift must be in a position, within three years of acceptance for registration, to prove her use of the mark. Of course, not all trade marks will be worth pursuing as some are time-relevant, such as tour names. Knowing which ones to keep and which ones to let go in order to achieve optimal resource management is no easy task and requires careful consideration.

Image: Anna Pancoast - Hindles Paralegal and Swiftie at Murrayfied Stadium in Edinburgh. 05/06/24

Long Story Short, Taylor Swift has proved she's The Man when it comes to thinking long term about her trade mark protection strategy. Developing The Manuscript for her approach, she’s become the Mastermind of her IP rights.

While not everyone has the resources of Taylor Swift, there are certainly some messages that can be taken from her approach:

· Be pragmatic. Most people will not be in a position to be able to file what are essentially speculative or defensive applications, it is worth bearing in mind that in most jurisdictions there will be a period of time – usually five years - during which a registered trade mark is enforceable even if it has not yet been used.

· Be proactive. Get the trade mark protection in place before product launch. Think about the potential expansion of your business, and file accordingly.

· Be practical: even if your trade mark is represented in beautiful script, consider registering the plain, unadorned word in block type as a trade mark. Not only will this give the broadest protection for the word, it will also help in online takedown procedures.

· Prioritise: customise your filing strategy to reflect your business. File comprehensively in your most important markets, and sparingly in the less important territories.

For more information and advice about how trade mark and design protection can help protect your brands, contact Liz Lowe or Fiona Jones.

Article by: Alix de Broöns and Anna Pancoast.