Gimme More: Britney's Trademarks



Notwithstanding numerous fashion faux pas and controversies, Britney Spears has become a household name.  She’s sold millions of albums, appeared in movies, and has launched several perfume lines including the very popular CURIOUS, FANTASY, and her new perfume BELIEVE.   But how well has she protected her name?

A search of the U.S. Patent and Trademark Office (“PTO”) Website Database for BRITNEY SPEARS yields six “live” hits, including:
  • BRITNEY SPEARS (Registration No. 2491505) for use on “binders; composition books; calendars; crayons; diaries; blank journals; letter writing sets; markers; memorandum boards; note books; personal desktop organizers; writing pads; pencils; pens; photograph albums; picture postcards; posters; stickers; temporary tattoos; trading cards; checkbook covers and book covers; mounted and un-mounted photographs”  and “headwear; shirts; sleepwear and T-shirts, sweatshirts, rainwear and jackets.”
  • BRITNEY SPEARS (Registration No. 2302300) for use with “phonograph records featuring music; pre-recorded audio cassettes and compact discs featuring music; pre-recorded video tapes featuring music performances” and “entertainment services in the nature of live performances by a musical artist.”
  • BRITNEY SPEARS (Registration No. 2302300) for use on “jewelry, watches, and clocks,” “backpacks, daypacks, handbags, purses, cosmetic and hair accessory pouches sold empty, and wallets,” “inflatable furniture and photo plaques” and “hair ornaments and accessory kits containing hair ornaments; ornamental novelty pins and ornamental novelty buttons.”
  • BRITNEY SPEARS (Application Serial No. 78361364) for use on “cosmetics; cosmetic and make up products, namely, makeup, facial makeup, concealers, blushers, facial powders, foundation makeup, eye makeup, eye pencils, eyebrow pencils, mascara, false eyelashes, cosmetic compacts, cosmetic pencils, lipstick, lip gloss, lip pomades, lip pencils, makeup removers, eye creams, facial cleansers, toners, facial exfoliants and scrubs, facial creams, facial moisturizers, facial lotions and non-medicated facial treatments, non-medicated lip care preparations, lip cream, cosmetic pads, makeup applicators in the nature of cotton swabs for cosmetic purposes, pre-moistened cosmetic wipes, pre-moistened cosmetic tissues and towelettes, cotton sticks for cosmetic purposes, all purpose cotton swabs for personal use and cosmetic purposes; fragrance products, namely, perfume, cologne, eau de toilette, eau de perfume, eau de cologne and toilette water; skin care products, namely, skin moisturizers and skin moisturizer masks, skin conditioners, hand creams, skin cleansers, and wrinkle removing skin care preparations; non-medicated topical skin creams, ointments, gels, toners, lotions, sprays and powders; aromatherapy creams, lotions and oils; body and beauty care products, namely, body and beauty care preparations, massage oils, essential oils for personal use, talcum powder, bath beads, bath crystals, bath foam, bath gels, bath oils, bath powders, bath salts, face wash, body scrubs, body fragrances, body and hand lotions, body gels, shower gels, body oils, body powders, body exfoliants, body masks, body mask creams and lotions, shaving preparations, after shave lotions, shaving balm, shaving cream, shaving gel, skin abrasive preparations, non-medicated skin creams, and skin lotions for relieving razor burns. suncare products, namely, sunscreen preparations, sun tanning preparations and after-sun lotions; self-tanning preparations, namely, self tanning milk and cream, accelerated tanning cream, self-tanning lotions, gels and sprays; nail care products, namely, nail care preparations, nail polishes, nail polish base coat, nail polish top coat, nail strengtheners, nail hardeners, nail polish removers, nail creams, cuticle removing preparations, nail tips, and nail buffing preparations; hair care products, namely, shampoos, conditioners, mousse, gels, frosts, creams, rinses, sprays, hair color, hair waving lotion, permanent wave preparations, hair lighteners, hair dyes, hair emollients, hair mascara, hair pomades, hair color removers, hair relaxing preparations, hair styling preparations, hair removing cream, and hair care preparations.”
  • FANTASY BRITNEY SPEARS (Application Serial No. 78680794) for use on “cosmetics; facial makeup, concealers, blushers, facial powders, foundation makeup, eye makeup, eye pencils, eyebrow pencils, mascara, false eyelashes, face and body glitter, cosmetic compacts, cosmetic pencils, lipstick, lip gloss, lip pomades, lip pencils, makeup removers, makeup applicators in the nature of cotton swabs for cosmetic purposes, eye creams, facial cleansers, toners, facial exfoliants and scrubs, facial creams, facial moisturizers, facial lotions and non-medicated facial treatments in the nature of creams, lotions and scrubs; wrinkle removing skin care preparations, nail polishes, nail polish base coat, nail polish top coat, nail strengtheners, nail hardeners, nail polish removers, nail creams, cuticle removing preparations, nail tips, and nail buffing preparations; skin moisturizers and skin moisturizer masks, skin conditioners, hand creams, massage oils, essential oils for personal use, talcum powder, bath beads, bath crystals, bath foam, bath gels, bath oils, bath powders, bath salts, face wash, skin cleansers, skin highlighter, body scrubs, body fragrance sprays, body and hand lotions, body gels, shower gels, body oils, body powders, body exfoliants, body masks, body mask creams and lotions, shaving preparations, after shave lotions, shaving balm, shaving cream, shaving gel, skin abrasive preparations, non-medicated skin creams and skin lotions for relieving razor burns, non-medicated lip care preparations, lip cream, sunscreen preparations, suntanning preparations and after-sun lotions; self-tanning preparations, namely, self tanning milk and cream, accelerated tanning cream, self-tanning lotions, gels and sprays; perfume, cologne, eau de toilette, eau de perfume, eau de cologne and toilette water; toothpaste, deodorant for personal use and antiperspirant. cosmetic pads, pre-moistened cosmetic wipes, pre-moistened cosmetic tissues and towelettes; cotton sticks for cosmetic purposes; all purpose cotton swabs for personal use and cosmetic purposes; non-medicated topical skin creams, ointments, gels, toners, lotions, sprays and powders; aromatherapy creams, lotions and oils; hair care products, namely, shampoos, conditioners, mousse, gels, frosts, creams, rinses, sprays, hair color, hair waving lotion, permanent wave preparations, hair lighteners, hair dyes, hair emollients, hair mascara, hair pomades, hair color removers, hair relaxing preparations, hair styling preparations, hair removing cream, and hair care preparations; baby wipes; disposable wipes impregnated with chemicals or compounds for personal hygiene and household use; incense; room fragrances; fragrance emitting wicks for room fragrances; sachets; sachet-like eye pillows containing fragrances; scented ceramic stones; scented linen sprays and scented room sprays; scented oils used to produce aromas when heated; scented pine cones; potpourri; aromatherapy pillows comprising potpourri in fabric containers.”
  • BRITNEY SPEARS THE ONYX HOTEL TOUR 2004 (Application Serial No. 78378189) for use on “posters, photographs and concert tour books,” “clothing, namely, jackets, pants, t-shirts, sleepwear; headwear, namely, caps,” and “entertainment services, namely live performances by a musical artist.”
All of these marks are owned by Britney Spears individually.

Understandably, many of these products are related to her music and probably her promotional concert efforts (such as clothing, photographs, etc.)  However, one wonders whether Britney has actually used her mark with all of the products listed in her registrations.  For example, does Britney really use her mark on BRITNEY SPEARS brand clocks?  What about temporary tattoos, checkbook covers, and hair accessory pouches sold empty?   Technically, Britney does not have to prove her use of the mark on all the goods and services listed in an application when specimens of use are submitted to the PTO.  Instead, she would be required to submit one specimen per class.  [Note:  The PTO divides all products and services into forty-five different (and sometimes arbitrary) classes for administrative purposes.]  However, some recent U.S. caselaw has held that if a party alleges that they have used the mark on goods/services when they have not done so, the entire registration may be subject to cancellation on the grounds of  “fraud on the PTO.”   Of course, any case depends on the exact facts. 

So what else is “curious” about Britney’s celebrity branding?   Personally, I’m intrigued by the possibility of a cosmetic/personal care product line.  Given the breadth of the current identification of goods in the BRITNEY SPEARS and FANTASY BRITNEY SPEARS applications, I wonder what exact products will be in the line and where those goods will be sold.   For example, does Britney have a deal in the works with a department store or large retail chain like so many designers?  Or will her continued and unfortunate notoriety prevent her from expanding her brand, despite the success of her new “Blackout” album?  Since her new hit single "Gimme More" has been so popular (despite a lackluster performance at the VMA's), I imagine that Britney will continue to be very successful.


Aimee Kaplan - the trademark attorney dedicated to celebrity branding

Copyright 2007 Aimee Kaplan
Posted by Aimee Kaplan at 10/31/2007 12:00 AM
Categories: S (Name), Home Goods, Perfume/Cologne, Movies, Music, Personal Care, B (Name), Musicians
 
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