Protecting your intellectual property? Very demure, very mindful.
Stealing other people’s IP? Not demure.
Jools LeBron’s TikTok video that sparked the “very demure, very mindful” catchphrase even has celebrities weighing in on the viral trend. But recent news of an unrelated third party filing for the trademark in the US had Jools feeling like she “dropped the ball”, now saying “she got it handled”.
Her feelings on dropping the ball are sadly all too common, and protecting your IP is something a lot of businesses don’t turn their minds to until it’s too late. Whilst the US intellectual property landscape is very different to Australia, there are a lot of learnings businesses can take from the trend, including getting creative about your own IP, and understanding how to actually protect it (demurely, of course).
In Australia, Jools probably wouldn’t need to worry about dropping the ball on registering the catchphrase as a trademark.
This is because trademarks need to be distinctive, and should distinguish your goods or services from competitors.
The word demure is defined as “reserved, modest, and shy (typically used of a woman)”. For the Bridgerton fans out there, one can’t help but imagine corsets and a sweep of cascading curls.
Jools didn’t actually invent the word, and so it’s unlikely to be accepted by IP Australia (the agency responsible for registering and administering IP rights) as a trademark to be used as a general catchphrase.
The point is – if a word or catchphrase isn’t distinctive to your business, then it should be available for other businesses to use.
Trademarks need to be applied for a particular ‘class’ of goods or services that are relevant to your business/brand.
For example, a skincare brand would apply in class 3, which relates to cosmetics, makeup, and skincare products. A law firm would apply in class 45, which relates to professional services and legal advice.
A search of IP Australia’s trademark database actually reveals six registered trademarks containing the word “demure” – but as these are in classes relevant to the trademark owners’ businesses, including office furniture, wine, and photography. IP Australia apparently considered these distinctive enough in each of the classes.
Jools couldn’t simply apply for the trademark across the board to use in any industry, and essentially end up with a monopoly over the catchphrase. Likewise, you need to make sure you apply for your trademark in the correct class. There’s no point having a registered trademark in a class (or industry) you have no intention of operating in, and doing so won’t give you any protection for your business.
If your mark is distinctive, if it doesn’t conflict with existing marks, and you apply for it in the relevant class, you have a greater chance of it being accepted as a trademark.
Trademark registration gives you the exclusive right to use the trademark in your class, and it’s up to you to enforce those rights.
Without trademark protection, people around the world are free to jump on the “very demure” trend. There’s nothing necessarily wrong with this. If your business has created a catchy, viral phrase – well done, you! By all means, ride that viral wave and capitalise on the exposure.
Businesses and brands should absolutely apply for trademarks where they are novel and creative.
But be wary of applying for trends that come and go. The true value lies in real and long-lasting IP. This is especially so as trademark registration lasts for 10 years in Australia! This means it’s critical for brands to have an IP strategy in place, and not just wing it (and definitely not of the green-cut variety).
Here’s your reality check, diva – be mindful of the intellectual property you’re putting out into the world, and protect it.
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Marianne Marchesi is the founder and managing principal of Legalite, – a multi-award-winning commercial law firm committed to delivering Simplified and Strategic Advice. As an advisor to some of Australia’s most well-known and loved brands, Marchesi’s expertise encompasses corporate and commercial law, intellectual property, franchising, regulatory compliance, and national and international expansion. And just for the record – Legalite is a registered trademark – very demure, very mindful.
