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Not Everything Can be Trademarked - the Limitations of Celebrity

Hilary Sumner

While celebrities often trademark their names and common catchphrases to protect and monetize their personal brands, there are notable limitations to the intellectual property protections they can secure. Trademarks must be used in commerce; merely registering a phrase without actual commercial use will not result in protection. Additionally, a trademark application will not be allowed if it creates a likelihood of confusion issue with an existing trademark. Furthermore, common phrases or terms that lack distinctiveness are generally not eligible for trademark protection. These constraints ensure that trademarks serve their primary purpose of distinguishing goods or services in the marketplace. So while celebrities may try to lock down their names and signature phrases they must satisfy the same legal requirements as everyone else.





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