Creator of ‘Very Demure, Very Mindful’ Seeks Federal Trademark

In a notable development within social media, content creator Jools Lebron has filed to trademark the phrase “very demure, very mindful,” which has rapidly gained popularity online this summer. The filing made last week with the U.S. Patent and Trademark Office aims to protect her trademark rights for a range of entertainment and advertising services, including the promotion of beauty products.

The phrase “very demure, very mindful” began to trend earlier this month when Lebron showcased her hair and makeup routine in a TikTok video. Her unique delivery captured the attention of viewers and ignited a wave of imitations, prompting fans and celebrities alike to incorporate her expressions into their own content.

For many creators, achieving viral success on social media can lead to significant financial opportunities through brand sponsorships and audience donations. For Lebron, who is a transgender woman, her rise to fame has helped her finance the remainder of her transition.

The trademark registration process is important for creators seeking to monetize their viral moments. Although Lebron’s trademark application is currently pending, the urgency is underscored by the fact that other individuals have attempted to trademark similar phrases in an effort to benefit from the trend, leading to frustration among her supporters.

This instance highlights the complicated landscape of trademark law as it relates to viral content. Alexandra J. Roberts, a professor of law and media, explained that in the U.S., there needs to be a commercial connection for a phrase to be trademarked. It is not sufficient for something to merely go viral; there must also be a clear relationship to the sale or promotion of goods or services.

Roberts elaborated that trademarks serve as indicators of the source of goods, which helps consumers identify the origin of what they are purchasing. This means that while many companies may use similar names, such as Dove chocolate and Dove soap, it is expected that consumers can differentiate between those brands.

However, if a phrase is strongly associated with a specific individual, they may have a more compelling case for trademark protection. Casey Fiesler, an associate professor from the University of Colorado Boulder, emphasized that trademark law’s primary goal is to prevent consumer confusion. If another entity attempted to use the phrase “very demure, very mindful” for their own marketing service, it could mislead consumers into thinking it was associated with Lebron.

It is crucial to note that trademarks and copyrights are distinct concepts. While creators retain copyright over their original works, short phrases or slogans rarely receive copyright protection. This has led to increasing concerns among creators about receiving recognition for their contributions in a digital landscape dominated by rapid trend cycles.

Typically, when a trend goes viral, multiple trademark applications may emerge simultaneously. For instance, earlier this year, several applications were filed in response to another viral moment involving Hailey Welch, also known as “Hawk Tuah Girl.” In such cases, phrases that become widely used could be difficult to trademark if they lose their unique association with a specific brand or creator.

Unfortunately, creators from marginalized backgrounds, particularly young women of color, frequently face the challenge of having their viral phrases co-opted by others who may have greater resources. This can lead to situations where someone else profits from a trend they originated, a scenario that Roberts highlighted as an ongoing issue.

As the trademark dispute unfolds, some applicants who filed before Lebron might withdraw their applications. In one instance, a prior applicant expressed intentions to assist Lebron with her trademark pursuit. Her legal team now has options at their disposal to confront competing applications or potentially negotiate with others in order to strengthen her position.

However, the trademark process can take between six to nine months, sometimes extending past a year if further legal discussions arise. In the meantime, Lebron retains considerable freedom to use the phrase in commerce and may commence selling related merchandise, provided no trademark rights are infringed by other parties.

It remains to be seen whether her trademark will be successfully registered. Regardless, the momentum generated by the “very demure, very mindful” trend signifies the ongoing evolution of how social media creators navigate the complexities of copyright and trademark law in the digital age.