Gerben IP

McDonald's just filed a trademark with the USPTO to protect the lyrics to the "Big Mac Song:"

TWOALLBEEFPATTIESSPECIALSAUCELETTUCECHEESEPICKLESONIONSONASESAMESEEDBUN

The application claims that the phrase was first used on December 30, 1974.

Kylie Kelce just filed a trademark to protect the name of her podcast.

And, I'm NOT GONNA LIE, it's a bit late.

Why?

Kylie's podcast launched in December.

The trademark application was not filed until February 28.

It is incredibly important for any business to file a trademark application BEFORE launching a new product or service.

This is because a trademark is protected nationwide STARTING FROM its filing date.

By not filing the application until now, Kylie risked a number of things:

1. A squatter making a trademark filing for the name.

This could result in 10x the cost of obtaining the trademark registration (because of the legal fees necessary to deal with the squatter).

2. Another legitimate business filing a trademark application for the same or similar name.

This could put her ability to use the name and expand into merchandise (or other products) at risk.

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Of course, as a law firm full of Philadelphia Eagles fans, we love Kylie.

Take a listen to her podcast if you have a chance.

This Valentine's Day was a love fest in Philly.

The City held a parade for the Eagles' Super Bowl win.

Jalen Hurts, the MVP, even wore a hoodie that read, "LOVE, HURTS."

Surprisingly, Hurts and Nike still (as of the writing of this post) have not filed an application for the phrase.

Now, in order for Hurts or Nike to obtain a trademark registration for "LOVE, HURTS", they will need to launch a legal challenge against the application filed by the New Jersey woman.

This situation highlights why it is important to file trademarks early.

The sooner you file a trademark application, the lower your chances of having to deal with a squatter.

The legal challenge that lies ahead for Hurts and Nike could easily cost $10,000+ in legal fees.

The White House got a new logo at NOON ET today.

With every administration, a new logo is created and used on everything from official letterhead to the backdrop in the briefing room.

The logo for Trump's second term looks significantly jazzed up.

The highlight of the NFL playoffs so far is indisputable:

A.J. Brown reading the book "Inner Excellence" on the sidelines.

Instantly, the book became the #1 best seller on Amazon.

And the icing on the cake?

Its author, Jim Murphy, had already registered the trademark for Inner Excellence.

Jim was prepared for his viral moment.

The existing trademark registration ensured that:

1. No squatter could go file a trademark for the phrase.
2. Jim is legally prepared to stop anyone else from using the phrase.

This is what I urge clients to do...

Get trademarks protected as early as possible.

Be prepared to capitalize when opportunity strikes.