Contrary to press reports, all is not lost for Jay-Z and Beyoncé in seeking to protect their daughter’s name as a trade mark.

At the start of this year, Jay-Z and Beyoncé sought to register their daughter’s name – Blue Ivy Carter – as a trade mark to provide them with the sole right to use the name for a whole variety of products, from basketballs and teething rings, to hair care products and sound recordings.  The application was made in name of BGK Trademark Holding, a company whose sole member is Beyoncé.

Unfortunately for the couple, another company – Blue Ivy LLC – had beaten them to the Blue Ivy name in relation to jewellery and clothing, having themselves applied to register these words in combination with a logo before Beyoncé’s daughter was a sparkle in her father’s eye.  As a result, Jay-Z and Beyoncé chose to forgo trade mark protection for jewellery and clothing.  However, their application continued to cover almost all other products originally requested (including baby strollers and fan club services).

That wasn’t the only headache for the music duo.  Six days before Jay-Z and Beyoncé applied to register their daughter’s name as a trade mark, another company beat them to the draw by seeking registration of BLUE IVY CARTER GLORY IV in relation to cosmetics, toiletries and perfumery.  This presented an initial block to Jay-Z and Beyoncé’s registration of their daughter’s name but only in relation to these specific products.  However, the US Trademark Office completed their due diligence and refused the BLUE IVY CARTER GLORY IV trade mark on the basis that it would falsely suggest a connection  with Jay-Z and Beyoncé.  As a result, the third party’s cheeky trade mark application no longer stood in the way of Jay-Z and Beyoncé obtaining protection for cosmetics, toiletries and perfumery.

It is interesting to note that BGK Trademark’s own application also received an objection on the basis that the name would falsely suggest a connection between the applicant and Jay-Z and Beyoncé’s daughter.  However, they were able to overcome the objection by explaining the relationship between BGK Trademark, Beyoncé and Blue Ivy Carter, adding that Beyoncé had her daughter’s consent  to the registration of her own name on record (presumably in the form of a messy handprint).

It should be noted that Jay-Z and Beyoncé have yet to secure registration of Blue Ivy Carter’s name, as they are awaiting acceptance of the application from the US Trademark Office, following which third parties will have a 30 day period to object to the application.

Ben Britter  24-Oct-2012