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Taylor Swift Trademarks Grow with Swiftmas

December 11, 2015 By Kelley Keller

Taylor Swift Trademarks Grow with Swiftmas

In her most recent effort to cash in on her brand, Taylor Swift wants to trademark the word ‘Swiftmas’ and several other phrases from her song lyrics.

Taylor Swift has always been aggressive in protecting her intellectual property, but she’s taken it to a whole new level with her ambitious trademark campaign. Taylor is a gigantic star, so it comes as no surprise that she takes gigantic measures to protect everything that made her the phenomenon that she is.

Simply put, Taylor Swift is a “billion” dollar brand. But Taylor isn’t just a singer/songwriter. She’s a shrewd business woman with a shrewd team behind her. She never misses an opportunity to commercialize her celebrity and protect the integrity of her brand.

We all could take a page out of her playbook and protect our brands (both personal and business) with the same level of intention and respect that she does.

Protecting Brand Value

Taylor’s recent uptick in trademark filings for catch phrases from her songs, and now potentially books, reflects a sophisticated understanding of the power of a brand.

When consumers (in this case her fans) hear certain phrases, like “This Sick Beat,” they immediately associate them with Taylor Swift. If another artist were to start incorporating that phrase into their live shows or promotional materials, for example, there is a good chance fans might believe that Taylor and that artist have some sort of relationship which may or may not exist. Chances are the other artist’s star will rise based on this association, but Taylor’s may be tarnished if she doesn’t support the artist or want any affiliation with him or her. By turning these phrases into brand names, rather than simple sayings, she gives herself the authority to claim exclusivity in them.

Phrases as Trademarks

But not all phrases are or can be trademarks. Only when consumers connect a particular product or service with a particular name, phrase, logo, sound, etc. does it become a protectable brand name.

A perfect example is the Life Is Good Company and their now incredibly well-known LIFE IS GOOD mark. As the company founders began to use the phrase LIFE IS GOOD, it gained traction in the marketplace. While the phrase has an inherent meaning and positive connotation on its own, when used in connection with T-shirts (the company’s flagship product) and other merchandise, it takes on a whole new meaning. It becomes the symbol for a social movement to spread the power of optimism, which the company defines as “a pragmatic strategy for approaching life.”

When Taylor Swift breathes a different meaning into her lyrics, and her fans jump on the bandwagon, those lyrics also take on an entirely new meaning apart from any inherent meaning they may have in a different context. When regular words are used in a different context, outside of their ordinary meaning, they become protectable as strong trademarks.

THIS SICK BEAT is just one example. It is currently the subject of 16 U.S. trademark applications owned by Taylor individually, NOT by her record label, Big Machine Records. With these applications, Taylor seeks to register THIS SICK BEAT as a trademark for entertainment services, fan club services, contests, sweepstakes, housewares, promotional items, a whole manner of tchotchkes, and an incredibly long list of other items.

THIS SICK BEAT is no longer just a lyric. It has become the brand name for just a tiny slice of Taylor Swift’s musical empire.

About Kelley Keller

Kelley Keller, Esq. is an intellectual property (IP) attorney, speaker, and educator with two decades of experience in the IP field. She works with individuals and businesses in a wide variety of industries helping them transform their ideas, knowledge, and innovation into valuable business assets that drive profits. Kelley offers education to established businesses, startups, entrepreneurs, corporate executives, non-profits, government agencies, legal professionals, and students about starting and growing a business as well as about IP, social media law, and the importance of protecting valuable brand assets and creative work.

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Lisa Frederiksen | Author, Speaker, Trainer, Consultant at BreakingTheCycles.com

Kelley works differently. After an initial phone conversation (I live in CA and she's in PA), she drafted a scope of work for both efforts and set a flat fee which included (and still includes) the back and forth conversations a client needs in order to get the best results. She is extremely knowledgeable and truly able to "hear" what I'm after and create meaningful legal documents and advice that have helped me immeasurably. I highly recommend Kelley Keller.
2016-04-23T10:27:42-05:00
Kelley works differently. After an initial phone conversation (I live in CA and she's in PA), she drafted a scope of work for both efforts and set a flat fee which included (and still includes) the back and forth conversations a client needs in order to get the best results. She is extremely knowledgeable and truly able to "hear" what I'm after and create meaningful legal documents and advice that have helped me immeasurably. I highly recommend Kelley Keller.
http://kelleykeller.com/testimonials/lisa-frederiksen/

Kelly Phillips Erb | Senior Editor at Forbes

Kelley was able to explain complicated legal issues in a manner that was easy to understand without being patronizing. She was also great at talking me down from ledges - it was easy to get worked up when opposing parties weren't being cooperative but Kelley advised me to trust in the process and she was right.

Kelley explained my costs and options, as well as the pros and cons of each. She also kept me informed about my matter, letting me know what I needed to do at the appropriate time. All in all, I felt very involved in the process without being overwhelmed. Kelley made a wildly stressful situation so much better. I would highly recommend her services.
2016-04-23T10:42:43-05:00
Kelley was able to explain complicated legal issues in a manner that was easy to understand without being patronizing. She was also great at talking me down from ledges - it was easy to get worked up when opposing parties weren't being cooperative but Kelley advised me to trust in the process and she was right. Kelley explained my costs and options, as well as the pros and cons of each. She also kept me informed about my matter, letting me know what I needed to do at the appropriate time. All in all, I felt very involved in the process without being overwhelmed. Kelley made a wildly stressful situation so much better. I would highly recommend her services.
http://kelleykeller.com/testimonials/kelly-phillips-erb-senior-editor-forbes/

Charlotte Avery | CEO at Being Charlotte Avery

Words cannot express how much I appreciate Kelley Keller. She has helped me and my business on so many levels. Whenever I have a question I always know that I can call her and she will give me the best advice/counsel. I know that my business is in good hands with Kelley.

Kelley, THANK YOU for EVERYTHING!!!
2016-04-23T10:46:03-05:00
Words cannot express how much I appreciate Kelley Keller. She has helped me and my business on so many levels. Whenever I have a question I always know that I can call her and she will give me the best advice/counsel. I know that my business is in good hands with Kelley. Kelley, THANK YOU for EVERYTHING!!!
http://kelleykeller.com/testimonials/charlotte-avery-ceo-charlotte-avery/

Ruth Koup | Founder of Suits to Careers, Inc., Dress for Success South Central PA & Tied to Success

Kelley Clements Keller, Esq has been a huge support to the launch of our new umbrella organization, Suits to Careers, Inc. and the branding and trademarking of our men's program, Tied to Success. We could not have navigated this transition without her support. Many thanks.
2016-04-23T10:49:27-05:00
Kelley Clements Keller, Esq has been a huge support to the launch of our new umbrella organization, Suits to Careers, Inc. and the branding and trademarking of our men's program, Tied to Success. We could not have navigated this transition without her support. Many thanks.
http://kelleykeller.com/testimonials/ruth-koup/

Matt Bloom | Founder & CEO of CRIMEWATCH Technologies, Inc.

Kelley is an exceptional IP attorney. She understands the legal nuances facing start-ups and is willing to work within those restrictions. Kelley is casual and easy to work with, but when it comes to legal action she is aggressive and takes charge. She has successfully helped us secure coexistence agreements and trademarks for our business. Here expertise has added exponential value to the technology we have built and I would highly recommend her to anyone seeking IP representation.
2016-04-23T10:53:29-05:00
Kelley is an exceptional IP attorney. She understands the legal nuances facing start-ups and is willing to work within those restrictions. Kelley is casual and easy to work with, but when it comes to legal action she is aggressive and takes charge. She has successfully helped us secure coexistence agreements and trademarks for our business. Here expertise has added exponential value to the technology we have built and I would highly recommend her to anyone seeking IP representation.
http://kelleykeller.com/testimonials/matt-bloom-founder-ceo-crimewatch-technologies-inc/

Zachary Ziegler | Brewmaster at Molly Pitcher Brewing Company

Kelley is not only extremely knowledgeable in the realm of intellectual property, but she made the whole process fun! It's not often you hear fun and legal work in the same sentence but Kelley's personality eased my worries while keeping me upbeat the whole time. She explained the entire process in language I could understand and kept me updated continuously. I would not hesitate to work with her again or refer her to my friends and family.
2016-04-23T10:54:48-05:00
Kelley is not only extremely knowledgeable in the realm of intellectual property, but she made the whole process fun! It's not often you hear fun and legal work in the same sentence but Kelley's personality eased my worries while keeping me upbeat the whole time. She explained the entire process in language I could understand and kept me updated continuously. I would not hesitate to work with her again or refer her to my friends and family.
http://kelleykeller.com/testimonials/zachary-ziegler-brewmaster-molly-pitcher-brewing-company/
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