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Your video just went viral. Millions of people around the world are watching and talking about something you created or captured. What do you do next? At Trademarkology, we suggest getting a trademark. Your original intent may not have been to monetize your video, but you should protect your right to do so. Who knows, you may even be able to create a successful brand. Let's relive a few of our favorite viral videos while examining their trademark status.
Trademark Status: Registered as trademark October 15, 2013. Eight pending trademark applications.
Grumpy Cat sulked into our lives in late 2012. She has remained in our lives since then, even appearing at SXSW this year. Today, Grumpy Cat has a website, a Twitter handle, and a Facebook page. On Grumpy Cat's website, you can purchase merchandise and apparrel. No wonder Grumpy Cat was quick to seek trademark protection. With one registered trademark and several pending applications, Grumpy Cat is not too grouchy to ignore the value in protecting her brand.
Trademark Status: Pending trademark application. Filed May 21, 2013. Published for opposition May 20, 2014.
The world met Kid President in January 2013. In April 2013, Kid President met Barack Obama. One month later, Kid President sought trademark protection. Like Grumpy Cat, Kid President has a website, a Twitter handle, and a Facebook page where you can "buy stuff." Maybe Kid President will eventually give everyone a pep talk about the importance of intellectual property.
Trademark Status: One trademark registered since original posting of this video. Not registered by creator of the video.
Iron Horse Brewery has a registered trademark for DOUBLE RAINBOW and sells a beer by the same name. There is no evidence that Iron Horse Brewery named the beer after the viral Double Rainbow video below in an effort to capitalize on its popoularity, but it is possible. Regardless, if you have not experienced the pure joy of seeing a double rainbow, you need to watch this video right now. You may want to keep some tissues close.
EVOLUTION OF DANCE
Trademark Status: Application filed December 19, 2008. Application abandoned July 8, 2013.
Way back in 2006, inspirational comedian Judson Laipply showed us the Evolution of Dance. Since then, his video has been viewed well over 250 million times on YouTube. Judson has a website and is active on virtually every social media platform. In 2008, he attempted to register a logo for the Evolution of Dance. After years of tangoing with the USPTO, Judson abandoned his efforts to register the logo. Nonetheless, he will likely keep on, keep on, keep on, keep on dancing all through the night.
SNEEZING BABY PANDA
Tradmark Status: Pending trademark application. Filed September 13, 2012.
We also met Sneezing Baby Panda in 2006. Close to 195 million YouTube views later, people still get a kick out of this video. It should come as no surprise that the people behind this classic footage are working hard to receive trademark protection for SNEEZING BABY PANDA related to a wide variety of goods and services. Whether they can prove that their mark is more than merely descriptive remains to be seen.
Best of luck to all the viral sensations out there looking to build a brand!
The lawyers at Trademarkology provide online trademark registration services backed by the experience and service of one of the nation's oldest law firms. Click here to begin the process of protecting your brand name with a federally registered trademark.