In March 2021, Mariah Carey’s counsel filed a United States trade mark application for “Queen of Christmas” for a range of goods and services.
Mariah does actually want a lot for Christmas. She is seeking protection for her “Queen of Christmas” trade mark in 16 of the 45 Nice trade mark classes (Pronounced like the city; not like naughty or “nice”)!
The Nice trade mark system classifies the goods and services which a trade mark will be used in relation to. Correctly classifying the goods and services is an important part of registering a trade mark that appropriately protects your brand.
The goods and services Mariah is seeking protection for include food products, entertainment services, online retail stores, recordings, dog accessories, toys, ornaments, children’s books, fragrances, alcoholic beverages, movies, masks, milk, cups, and clothing.
If successful, Mariah will have monopoly over the phrase “Queen of Christmas” in relation to the goods and services covered by her trade mark application. However, her trade mark is unlikely to register without a Christmas miracle.
The United States (and Australia) follows a first-to-use trade mark system. Under this system, being the first to apply for trade mark registration does not guarantee priority to the Applicant. Prior users who have been using the trade mark in relation to the same goods/services can have greater rights than a trade mark Applicant.
Since becoming available for opposition in July this year, fellow Christmas Queens Elizabeth Chan and Darlene Love have voiced their objection and an opposition to registration of Mariah’s trade mark has been filed on the basis of prior use.
While the largely philosophical comments regarding over-commercialisation of Christmas do not bear on a trade mark application, evidence that there are multiple parties who have gone by the same moniker for a long time will have consequences for Mariah’s trade mark application.
A further battle for Mariah is the deceptively similar “Christmas Queen” United States trade mark registration which protects Christmas ornaments and décor.
Get in touch with the Kings of Intellectual Property if you have any queries or if we can assist you in protecting your intellectual property in Australia and Overseas.
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