Jools Lebron Feels Like She 'Dropped The Ball' After Her Viral 'Very Demure' Phrase Was Trademarked By Someone Else
Here’s what she can do to oppose this trademark application.
Bee Bonnet | Shutterstock You’ve likely heard the viral phrase, “Very demure, very mindful,” coined by TikTok creator Jools Lebron in early August.
To her surprise, someone else has attempted to trademark the phrase, inhibiting her from being able to make any merchandise and profit from her original concept.
An emotional Lebron took to TikTok after discovering she was too late to trademark the phrase.
The Chicago-based content creator popularized the iconic phrase in a TikTok post on August 2, revealing how she does her hair and makeup for work. The post attracted 8.8 million views, and three days later, she posted another similar video, garnering 47.5 million views.
“See how I come to work? Very demure, very mindful,” Lebron said in her video.
Within the last month since her phrase went viral, Lebron has continued to post numerous videos using the popular expression and her familiar cadence, further growing her platform and brand. Because of her instant success, she has used her trending popularity to uplift herself, her family, and her friends.
Despite being featured on “Jimmy Kimmel Live” and collaborating with Netflix, someone else has attempted to trademark her unique phrase.
According to legal documents acquired by NBC News, on August 20, a Washington State man, Jefferson Bates, filed to trademark the phrase for his own advertising and marketing purposes without crediting Lebron, wrongfully claiming the expression that she coined.
In a since-deleted post which has been shared to Instagram, Lebron posted her reaction to the news, revealing herself crying and coming down on herself for not acting soon enough.
“I’ve invested so much money and time into this, and I feel like I did it wrong,” she expressed emotionally. “I wanted this to do so much for my family and my transition, and I just feel like I dropped the ball. I don't even know what I could’ve done better because I didn’t have the resources.”
Despite the circumstances, Lebron may have more power in this trademark decision than she realizes.
Social media users have poured out support for Lebron, labeling Bates’ actions as “not very demure or mindful.” Bates’ actions may pose the risk of preventing Lebron from launching her own merchandise featuring her viral expression, but one “terms of service creator” revealed how Lebron can reclaim what’s rightfully hers.
Sean, who goes by @seansvv on TikTok, discussed the “fine print” of Bates’ trademark attempt, clarifying how it may likely be rejected. He shared a video displaying Bates' trademark application documents, expressing how Bates’ agreement to the declaration at the end of his application warns of the risk of fraud, which may result in some consequences.
“At the core, trademark is really about association,” Sean explained. “No matter who said the phrase first … a concept of ‘secondary meaning’ or ‘acquired distinctiveness’ actually comes up, legally speaking. So while a lot of you are fighting over who really said it first, we need to be talking about who we associate most heavily with this phrase.”
He added that the more often people use the “demure” phrase, the more likely it will become “generic,” blocking anyone from trademarking the phrase.
He detailed how because trademark approvals take time, Lebron and her team can still take action. He encouraged her to launch merchandise of the phrase anyway, which will provide a basis for her to register for the trademark. He also advised her to work with a trademark attorney to file for the trademark herself.
Working with an attorney can also help her oppose Bates’ application or get it canceled by providing proof that she tokened the phrase first and is most heavily linked with it. Before she can even oppose it, however, it needs to go through a thorough examination, and then a notice for publication will be issued, at which point Lebron will be able to contest it.
There is a distinct possibility that Bates' application will not even pass the examination.
Lebron can most definitely take action against Bates’ attempts with her growing internet fame and support.
“In reality, you have receipts upon receipts of prior use of this phrase, you establishing it, you being the face of the brand, and a lot of brands and public figures and celebrities wanting to get in on that,” Sean concluded. “Jools, I am so proud of you, and like other creators, I am so happy to see you succeed.”
Contrary to Lebron’s shame, by no means was this trademark application her fault. While she likely could have acted sooner to trademark her coined expression and avoid such a situation, she couldn't have predicted anyone would have the nerve to claim her viral phrase for themselves.
That said, she is fully capable of refuting the application, as Bates' attempts were not very demure or mindful, at all.
Francesca Duarte is a writer on YourTango's news and entertainment team based in Orlando, FL. She covers lifestyle, human-interest, adventure, and spirituality topics.