Signature as trademark

Signature as Trademark: Case Studies on Protecting Personal Brands

Trademark Registration / By /

INTRODUCTION

In the world of branding and intellectual property, trademarks play a crucial role in protecting and distinguishing a company’s products or services. Traditionally, trademarks have consisted of logos, names, slogans.or expressions used by businesses to identify and distinguish their goods or services from those of others. They serve as valuable assets for companies, helping to build brand recognition, establish customer loyalty, and protect their market position.

Signature as trademark are particularly relevant for individuals in various fields, including celebrities, artists, business leaders, and public figures, as their personal brand and identity hold significant value. These days the trend of getting signature as trademark is increasing and most of the celebrities have got their signature as trademark, like Shahrukh Khan, Kareena Kapoor, Walt Disney, Sachin Tendulkar, John Hancock, Taylor Swift… This allows them to use their signatures for their personal branding.

SIGNATURE AS TRADEMARK

The signature in the Trademark Act 1999, has been defined in Section 2(1)(m) of the Act. ” Mark includes a device, brand, heading, label, ticket, name, signature, word, letter, shape of goods, packaging or combination of colours, numeral shape of goods or any combination thereof“

Everybody prefers to have a stylized signatures which makes it a bit different from others way of writing. We usually get to hear that your signatures look different and what does this means? Signatures also becomes the part of your personal identity and to protect its uniqueness people are getting their signature as trademark. A signature, with its unique and distinctive characteristics, can serve as a powerful identifier and symbol of an individual’s personal brand.

    CASE STUDY – 1

    Walt Disney, the legendary American entrepreneur and co- founder of The Walt Disney Company, is known for creating iconic characters and building a global entertainment empire. This case study examines Walt Disney’s signature trademark, highlighting its significance in protecting his personal brand and the lasting impact it has had on the company’s identity.

    • Background: Walt Disney’s signature is a distinctive and recognizable element that has become synonymous with the Disney brand. It embodies his creative vision and serves as a symbol of the company’s commitment to storytelling and imagination. Recognizing the value of his signature, Walt Disney took steps to protect it as a trademark.
    • Historical Context: Walt Disney began using his signature as part of the branding and marketing of Disney products and services from the early days of the company. His unique and stylized signature became closely associated with the magic and quality of Disney’s creations.
    • Creating a Distinctive Signature: Walt Disney worked with graphic artists to refine and stylize his signature, ensuring that it had a distinct visual identity. The signature underwent several iterations before reaching its final form, characterized by a flowing script and the iconic “W” and “D” letter forms.
    • Trademark Registration: To protect his signature as a valuable asset, Walt Disney filed for trademark registration with the United States Patent and Trademark Office. The application specified the class of goods and services for which the signature would be used, including entertainment, merchandise, and theme parks.
    • Building Brand Identity: Over time, Walt Disney’s signature became an integral part of the company’s branding and logo design. It appeared on various Disney products, movie titles, and promotional materials, reinforcing the connection between the signature and the company’s identity.
    • Legal Protection and Enforcement: Trademark registration provided legal protection against unauthorized use or infringement of Walt Disney’s signature.
    • Legacy and Impact: Walt Disney’s signature trademark has had a profound and enduring impact on The Walt Disney Company. The signature continues to be prominently featured in Disney’s branding and serves as a reminder of Walt Disney’s vision and the enduring legacy he left behind.

     CASE STUDY-2

    Taylor Swift is an American singer-songwriter. She is known for her songwriting, artistic inventions and genre spanning. Taylor Swift is a noticeable cultural figure who has been named as an inspiration on a generation of music artists. The trademark is styled as “TAYLOR SWIFT”. The first trademark was registered simply as “Taylor Swift”. The initial application date made was 27 March, 2007.

    Taylor Swift has established her as renowned in the music industry and became the popular recording artist. In addition to the success in her field she also has the practicality of protecting the art. She is well known for her trademarking efforts in the industry. She is fond of trademarking the product and services. So that it can only be used for her music business.She is well aware that trademarking is the smart way to protect the individual brand’s image and can have the control over it.Taylor Swift has trademarked her name, initials, signatures, names of her album and fan club, song titles and lyrics, the name the concert tours and the music festivals.The celebrity has over the 50 federal trademark registrations in favor her. She started using the trademark since the year 2001 and registering them in the year 2008.

    The following are the Trademarks registered in her name:

    1. 1989
    2. … READY FOR IT?
    3. 1989 TAYLOR’S VERSION
    4. A GIRL NAMED GIRL
    5. AND I’LL WRITE YOUR NAME
    6. BIG REPUTATION
    7. BLANK SPACE
    8. CAUSE WE NEVER GO OUT OF STYLE
    9. CHRISTMAS TREE FARM
    10. COULD SHOW YOU INCREDIBLE THINGS
    11. FEARLESS TAYLOR’S VERSION
    12. FOLKLORE
    13. FOLKLORE ALBUM
    14. LOOK WHAT YOU MADE ME DO
    15. LOVER
    16. LOVER FEST
    17. LOVER FEST EAST
    18. LOVER FEST WEST
    19. MEREDITH & OLIVIA SWIFT
    20. MEREDITH, OLIVIA & BENJAMIN SWIFT
    21. NICE TO MEET YOU. WHERE YOU BEEN?
    22. PLAYERS GONNA PLAY
    23. RED TAYLOR’S VERSION
    24. Taylor Swift signed \/ firmado de segunda mano por 25 EUR en Don Benito en WALLAPOPREPUTATION
    25. REPUTATION TAYLOR’S VERSION
    26. SHAKE IT OFF
    27. SPEAK NOW
    28. SPEAK NOW TAYLOR’S VERSION
    29. SWIFT
    30. SWIFTIE
    31. SWIFTIES
    32. SWIFTMAS
    33. T. S.
    34. T.S. 1989
    35. TAYLOR NATION
    36. TAYLOR SWIFT
    37. TAYLOR SWIFT EVERMORE ALBUM
    38. TAYLOR SWIFT FEARLESS
    39. TAYLOR SWIFT TAYLOR’S VERSION
    40. TAYLOR SWIFT TOURING
    41. TAYLOR’S VERSION
    42. TAYMOJI
    43. THE 1989 WORLD TOUR
    44. THE OLD TAYLOR
    45. THE OLD TAYLOR CAN’T COME TO THE PHONE RIGHT NOW
    46. THIS SICK BEAT
    47. TS
    48. WELCOME TO NEW YORK, IT’S BEEN WAITING FOR YOU

    CONCLUSION

    The use of a signature as a trademark has proven to be a valuable strategy for individuals seeking to protect their personal brand and establish a unique identity in the marketplace. Trademarking a signature provides legal protection against unauthorized use or infringement, allowing individuals to exercise control over the commercial use of their signature and prevent its misuse by others.

    By Rossel Aggarwal Associate Intern and Ashutosh Saklani Associate Lawyer at Lawgenix-Legal Geniuses

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