Very Demure, Very Mindful, Very Trademarkable? Can TikTok Catchphrases be Trademarked?
The rise of social media has presented challenges to trademark law, as it has blurred the lines between creative expression and brand identity used in commerce. Social media platforms like TikTok have fundamentally changed how entertainment is produced, consumed, and monetized. Social media provides an entertainment platform that allows for entertainment from user to user instead of from an entertainment company to a viewer. TikTok is particularly known for its popular trends and quick fame achieved through its short-form content. Many creators on this platform become known through catchphrases, witty one-liners, and nicknames. These phrases have potential to generate significant value through increased followings, brand deals, merchandise, and online advertising. This raises the question of whether a TikTok catchphrase or nickname can be a valid trademark. If so, does the creator who popularized it through the app have rights to the mark?
