Jim Valvano’s inspirational speech at the 1993 ESPY Awards, where he famously stated, “Don’t give up. Don’t ever give up,” embodies the kind of determination the Carters have shown during their 12-year journey to secure the BLUE IVY CARTER trademark. Recently, the trademark filing cleared a significant hurdle and is finally heading in the right direction to be registered.
The trademark filing for the mark BLUE IVY CARTER was reviewed by a United States Patent and Trademark Office (USPTO) examining attorney who found no issues with the trademark filing.
On December 31, 2024, the Carters were informed their mark was published in the Trademark Official Gazette. Once published, a 30-day period begins where any member of the public who thinks they will be harmed by the registration of a trademark may oppose it. They may file a Notice of Opposition, which starts a legal proceeding with the Trademark Trial and Appeal Board (TTAB) opposing the trademark. If no one opposes the trademark during the publication period (30-day period), the application proceeds to the next stage of the registration process. A trademark is typically registered around three months after it is published in the Trademark Official Gazette if no opposition is filed. For the Carters, the BLUE IVY CARTER mark has not been registered yet, but the process is going in the right direction. The Carters can anticipate the successful completion of the trademark registration process within the coming months.
The Carters’ trademark filing experience offers one major lesson everyone can learn from. After receiving a trademark registration, trademark owners must remain vigilant to ensure that others do not infringe on their mark. Companies, especially in competitive industries, may attempt to use similar marks that could dilute or cause a likelihood of confusion for a registered trademark. In the Carters’ experience, Veronica Morales, who owns BLUE IVY as a registered trademark, initially objected to Beyoncé’s efforts to register BLUE IVY CARTER. Morales’ opposition created a roadblock for the Carters, which could have been a reason their trademark filing was rejected. Fortunately for the Carters, this did not occur, but others are not always as lucky.
As the Carters’ experience revealed, trademark filers need to be cautious of the many challenges that could arise during the trademark filing process and after registration. Trademark owners should monitor their mark for potential infringers and take immediate action to enforce their rights. Monitoring is essential to maintain the value and integrity of a registered trademark, or else the mark could be abandoned.
The Carters’ determination to protect the BLUE IVY CARTER mark highlights the resilience and strategic foresight needed throughout the trademark process. From navigating oppositions and ensuring vigilant protection post-registration, the trademark process demands persistence and diligence. A trademark owner needs to stay proactive, embrace challenges, and never give up. In the world of trademarks, as in life, success belongs to those who are persistent.
Details of the 12-year legal dispute can be found HERE.
Written by Christopher D'Avanzo
Trademark Attorney
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