By Titiksha Sinha and Mandeep Singh
Imagine a world where not just products, but also the very words we say, can be protected by law. Recall the moment you heard the electrifying shout “Let’s get ready to rumble!” echoing, and instantly, the unmistakable voice of Michael Buffer came to mind. Or think about the phrase “Make America Great Again”, which became a political rallying cry and a powerful branding tool for Donald Trump’s presidential campaign. Similarly, there’s a word that resonates deeply with the legendary actor Jackie Shroff— “Bhidhu.” Much like other examples, “Bhidhu” is not just a word; it has become synonymous with the actor’s persona, style, and unique charm. Whenever someone hears “Bhidhu,” they instantly think of Jackie Shroff’s charismatic presence and his unmistakable way of speaking. Such terms/phrases can be legally safeguarded and commercially utilized, showcasing the power of a single word/ a phrase to embody an entire personality and brand.
In the realm of intellectual property, trade marks are invaluable assets that protect brand identities and distinctive features. Among these, the trade marking of celebrity phrases stands out as a fascinating trend. Celebrities often become synonymous with specific catchphrases or lines that capture their persona and resonate with their audience. These iconic words, whether uttered in movies, songs, interviews, or social media, transcend mere speech to become integral parts of the celebrities’ brands. By trade marking these phrases, celebrities not only safeguard their unique expressions from unauthorized use but also capitalize on their popularity and commercial potential. As more celebrities venture into business and branding, the trade marking of their iconic words highlights the evolving landscape of intellectual property, where every element of personal branding, including the spoken word, holds significant value. This trend not only protects celebrity rights but also enriches the legal framework surrounding trade marks in the entertainment industry.
THE CONCEPT OF TRADE MARKING PHRASES
The concept of trade marking phrases, particularly those linked to celebrities, has a rich history. It emerged as a means for them to capitalize on their unique identities and the catchy phrases they popularize. Over the decades, as media and entertainment industries have grown, so too has the importance of protecting the unique elements that contribute to a celebrity’s brand image.
In today’s digital age, the trade marking of phrases has expanded beyond traditional media. Social media influencers, YouTube personalities, and even viral internet sensations are seeking to protect the phrases that resonate with their audiences. This shift reflects a broader trend where personal branding and intellectual property intersect, highlighting the increasing value placed on unique expressions in the marketplace. As a result, the legal landscape is continually evolving to accommodate these new forms of trade marking, balancing the protection of creative expressions with public interest and free speech.
NOTABLE EXAMPLES OF CELEBRITY TRADEMARKED PHRASES
NOTABLE EXAMPLES OF CELEBRITY TRADEMARKED PHRASES
- “Let’s Get Ready to Rumble” by Michael Buffer: Michael Buffer, the legendary boxing announcer, took his iconic catchphrase “Let’s get ready to rumble” and turned it into a multimillion-dollar trade mark. By securing the trade mark, Buffer was able to license the phrase for use in video games, movies, advertisements, and more. His ability to transform a simple announcement into a highly valuable asset showcases the potential financial rewards of trade marking a distinctive phrase. Additionally, the phrase has even been used to market energy drinks under the trade mark “LET’S GET READY TO RUMBLE ENERGY”.
LET’S GET READY TO RUMBLE ENERGY Trade Mark Registration No. Application Date Classes Jurisdiction LET’S GET READY TO RUMBLE 2166194 December 18, 1995 21, 25 USPTO 
Credits: https://www.lgrtr.com/
- “You’re Worth It” by Ilon Specht: L’Oréal Paris, a global leader in beauty products, adopted the empowering phrase “You’re Worth It” as part of their long-standing campaign “Because You’re Worth It”. This tagline, coined in 1971 by Ilon Specht, a young copywriter at Manhattan ad agency McCann, has become synonymous with self-confidence and empowerment for women around the world. This trade mark not only protects the brand’s intellectual property but also strengthens its message of empowerment, making it a powerful tool in L’Oréal Paris’s marketing and branding strategy.
You’re Worth It Trade Mark Registration No. Application Date Classes Jurisdiction BECAUSE YOU’RE WORTH IT 1043925 November 21, 1975 3 USPTO - “Make America Great Again” by Donald Trump: The phrase “Make America Great Again” (MAGA) became a central slogan for Donald Trump’s 2016 presidential campaign. Recognizing its powerful resonance with voters, Trump’s campaign moved to trade mark the phrase. The trade mark was officially registered in 2012 under the ownership of Donald J. Trump for President, Inc. This case highlights the strategic use of trade mark registrations in political campaigns, demonstrating how a simple phrase can be transformed into a powerful and protected brand asset.
Make America Great Again Trade Mark Registration No. Application Date Classes Jurisdiction MAKE AMERICA GREAT AGAIN 4773272 November 19, 2012 35, 36 USPTO 
Photographer: Joe Raedle/Getty Images
- “You Can’t See Me” by John Cena: John Cena, the renowned professional wrestler and actor, popularized the iconic phrase “You Can’t See Me”. This phrase, coupled with Cena’s signature hand gesture of waving his hand in front of his face, has become an integral part of his wrestling persona. Though the trade mark is owned by World Wrestling Entertainment, Inc. (WWE), it ensures that the phrase remains protected and exclusively associated with Cena’s brand and in return he benefits significantly from the royalties. This trade mark covers various merchandise, including clothing, action figures, and other promotional items.
You Can’t See Me Trade Mark Registration No. Application Date Classes Jurisdiction YOU CAN’T SEE ME 3331242 July 13, 2005 25 USPTO 
Credits: https://www.ubuy.co.in/
- “That’s Hot” by Paris Hilton: Paris Hilton popularized the catchphrase “That’s Hot” on her reality TV show “The Simple Life.” This show, which aired in the early 2000s, followed her and Nicole Richie as they navigated life in rural America, bringing their glamorous lifestyles and quirky personalities to small-town settings. The phrase became a signature part of Hilton’s brand during this time.
That’s Hot Trade Mark Registration No. Application Date Classes Jurisdiction THAT’S HOT 76604206 October 19, 2010 25 USPTO - “Simply Lovely” by Max Verstappen: Max Verstappen, a 4-time Formula 1 World Champion, Trademarked his iconic celebratory phrase “Simply Lovely”. The said phrase has become closely associated with Verstappen and his victories. In May 2024, Verstappen’s management lodged an application with the European Union Intellectual Property Office (EUIPO) to trade mark the phrase and thereafter has secured registration. Verstappen uses the phrase on merchandise, such as a clothing line, further expanding his personal brand.
Simply Lovely Trade Mark Registration No. Application Date Classes Jurisdiction SIMPLY LOVELY INSPIRED BY MAX VERSTAPPEN 019030065 May 21, 2024 25, 41, 35 EUIPO 
Credits: https://www.verstappen.com/
- “Doglapan” by Ashneer Grover: Ashneer Grover, the former judge of Shark Tank India and co-founder of BharatPe, popularized the phrase “Doglapan”, a Hindi term meaning “double standards”. The phrase quickly became associated with Grover’s brand, reflecting his straightforward and unfiltered approach to business and personal interactions.
Doglapan Trade Mark Registration No. Application Date Classes Jurisdiction DOGLAPAN 5439887 May 08, 2022 41 Trade Marks Registry, India 
Credits: X and Google
- “Bhidu” by Jackie Shroff: The term “Bhidu”, which is deeply rooted in Mumbai’s colloquial lingo, has become synonymous with Shroff’s charismatic on-screen persona. In May 2024, Shroff’s legal team filed a law suit with the Delhi High Court to protect the phrase from unauthorized commercial use by third-party entities. This moves ensured that “Bhidu” remains exclusively associated with Jackie Shroff, preventing its misuse and preserving its unique connection to the actor.
Bhidu Trade Mark Registration No. Application Date Classes Jurisdiction BHIDU 3227967, 3227968, 3227969 April 05, 2016 14, 25, 41 Trade Marks Registry, India
EXTENSIVE USE & MARKETING
From the above-provided examples, it is evident that merely adopting or using a phrase once does not make it iconic or worthy of protection. However, extensive use of a phrase establishes it as exclusively associated with its originator. This extensive use and marketing enable the originator to monetize their brand and protect their persona, which has become synonymous with a celebrity or their brand. The various benefits of extensive use and marketing include:
- Monetization & Cross-Promotional Opportunities: Extensive use and marketing of an iconic phrase often lead to cross-promotional opportunities, where the phrase is used in collaborations with other brands or products. Such opportunities can amplify the reach of the brand, introduce it to new audiences, and open up numerous avenues for monetization. Celebrities and brands can license their phrases for use in various merchandise, advertisements, and media productions. This can lead to lucrative deals and partnerships, as seen with Max Verstappen’s use of his catchphrase “Simply Lovely” in a clothing line. Verstappen’s management has applied for the trade mark to cover various classes, including clothing, advertising, and sporting activities, allowing the phrase to be used on merchandise such as apparel, leading to substantial income and stronger brand identity. The ability to monetize these phrases turns them into valuable intellectual property assets that contribute significantly to the overall brand’s revenue stream.
- Brand Recognition: When a phrase becomes synonymous with a celebrity or a brand, it helps establish a unique identity that stands out in a crowded and highly competitive marketplace, thereby boosting brand recognition. This recognition not only strengthens the brand but also creates a lasting impression on the audience, making the brand more memorable and distinctive.
EXTENSIVE USE & MARKETING
The extensive use of iconic phrases provides common law rights. It is essential that once a phrase is used as a brand name or is associated with the originator’s brand name, it should also be registered as a trade mark. While the use of the phrase provides common law rights to the originator, the legal protection through trade mark registration helps attain statutory rights as well. One of the primary benefits of obtaining a trade mark registration for an iconic phrase is the legal protection it provides. This protection prevents unauthorized use of the phrase by competitors and third parties, ensuring that the brand maintains its integrity and exclusivity. For instance, L’Oréal Paris’s trade mark of “Because You’re Worth It” safeguards their slogan from being used by other beauty brands, thereby maintaining its association with L’Oréal. Similarly, Paris Hilton’s “That’s Hot” became a central element in her marketing campaigns, reinforcing her personal brand and creating a strong emotional connection with her audience. This catchphrase was so iconic that it even led to a legal battle with Hallmark Cards. Hilton sued Hallmark for using her likeness and catchphrase in a birthday card without permission. Hilton alleged misappropriation of publicity under California common law, false designation under the Lanham Act, and trade mark infringement. The case was settled out of court, with Hallmark agreeing to pay Hilton damages over $500,000. This settlement highlighted the importance of protecting one’s intellectual property and the potential revenue that can be generated from phrases registered as trade marks.
In a more recent example, Jackie Shroff’s legal team filed a suit with the Delhi High Court to protect his famous catchphrase “Bhidu,” ensuring that the phrase remains exclusively associated with Shroff. This prevents its misuse by third parties and preserves its unique connection to the actor, coupled with the protection of his personality rights.
Additionally, registered phrases facilitate licensing and merchandising opportunities, creating additional revenue streams for celebrities and brands. By licensing their iconic phrases to third parties, celebrities can expand their brand’s reach and visibility, while also earning royalties from the use of their phrases on various products and services. This not only enhances the brand’s market presence but also generates significant income for the originators.
In conclusion, the widespread use and trade mark registration of iconic phrases offers statutory protection of the trade marks coupled with the common rights, which can helps preventing unauthorized use, boosting brand recognition, and creating new monetization opportunities. By securing trade mark registration, celebrities and brands can protect their intellectual property, uphold their brand integrity, and maximize the commercial value of their iconic phrases. This approach ensures the brand’s long-term success and exclusivity in a competitive market.
LIMITATIONS AND CHALLENGES
The registration of celebrity phrases is not without its controversies. High-profile disputes often arise when phrases perceived as common or in the public domain are attempted to be registered, leading to accusations of overreach and unfair monopolization. For instance, LeBron James made headlines when he teamed up with Taco Bell to promote Taco Tuesday deals and attempted to register the phrase “Taco Tuesday.” This move was met with significant public and legal opposition, as the rights to the phrase were held by Taco John’s, a Wyoming-based fast-food chain. Critics argued that the phrase was widely used and not unique to him, ultimately resulting in the application being denied.
Enforcing rights on registered phrases presents significant challenges. Given the widespread use of language, it can be difficult to monitor and control the use of registered phrases, especially on social media and digital platforms. Celebrities and brands may find themselves engaged in legal battles to defend their registrations against unauthorized use. Furthermore, the subjective nature of what constitutes “distinctiveness” can lead to varied interpretations and decisions by authorities, adding another layer of complexity. For example, Taylor Swift’s efforts to register phrases from her song lyrics, such as “This Sick Beat,” faced backlash from those who felt that these common phrases should remain free for public use rather than being restricted by registration. These cases highlight the delicate balance between protecting intellectual property and ensuring that commonly used language remains accessible to all.
The ethics of registering iconic phrases hinge on balancing protecting intellectual property and preserving the public’s right to use common language. Critics argue that allowing celebrities to register widely-used phrases restricts free speech and limits public access to language that should remain in the public domain. On the other hand, proponents contend that registering phrases is a legitimate way for celebrities and brands to protect their unique identities and ensure they can benefit financially from their creative expressions. By fostering a balanced approach, the legal system can protect the interests of both celebrities and the public, promoting a fair and just application of registration law.
Conclusion
Iconic phrases as a trade mark, sit at the intriguing crossroads of branding, marketing, and intellectual property law. Through various case studies, we see how these iconic words and catchphrases become powerful tools for brand recognition and monetization. Celebrities and brands can continue to use their phrases and brand, allowing celebrities and brands to protect their unique identities while opening up new revenue streams and attaining common law rights in the process. Registering these iconic phrases provides an added layer of protection, ensuring that these unique identities remain secure.
Moreover, the benefits of registering these iconic phrases are manifold. It offers legal protection against unauthorized use, enhances the brand’s market value, and provides a competitive edge in the industry. Registered phrases also facilitate licensing and merchandising opportunities, creating additional revenue streams for celebrities and brands.
By understanding the intricacies of protecting phrases, IP professionals can effectively navigate the complexities of this dynamic field. Balancing the need for legal protection with the public’s right to use common language is crucial. As the landscape of digital media and personal branding evolves, so too will the strategies and regulations surrounding protected phrases. Staying informed and adapting to these changes ensures that both the interests of clients and the broader public are respected. In conclusion, the benefits of registering iconic phrases cannot be overstated. Promoting the registration of such phrases not only secures the unique identities of celebrities and brands but also unlocks new opportunities for growth and monetization. By embracing this practice, IP professionals can help their clients thrive in the ever-changing world of branding and intellectual property.