Ever wonder why some celebrities’ requests to trademark something are approved, while other requests are rejected?
Kathi Vidal, director of the United States Patent and Trademark Office, shed some light on how her department makes decisions on trademark applications while speaking at Fortune’s Most Powerful Women Summit in Laguna Niguel, Calif. on Tuesday.
Vidal, an intellectual property attorney, explained to Fortune’s Ruth Umoh why singer Mariah Carey’s request to trademark “Queen of Christmas” was rejected, while months later her office approved Lizzo’s request to have sole use of “100% that b*tch,” a lyric from her 2019 hit song “Truth Hurts.” Essentially, Lizzo’s trademark request was for a phrase that can be immediately associated with the singer.
“I don’t want to talk about anybody’s [trademark application] process before my office, but I will say those things are trademarkable— ‘100% that b*tch,’ that got a trademark,” Kathi Vidal, director of the United States Patent and Trademark Office, told Fortune’s Ruth Umoh. “If you’ve got a good brand and you wanna put it on a T-shirt—and people think of Lizzo when they see ‘100% that b*tch’—we’ll give you a trademark.”
‘Queen of Christmas’ battle
Carey and her team’s application to trademark the “Queen of Christmas” moniker, along with the phrases “Princess of Christmas,” “Christmas Princess,” and “QOC,” was denied by the trademark office in November 2022. She planned to use the trademarks for merchandise, including fragrances, nail polish, mugs, lingerie, and coconut water.
Unfortunately for Carey, other entertainers who had made a name for themselves by producing holiday music also think they’re eligible for the “Queen of Christmas” title. Elizabeth Chan and Darlene Love were angered by Carey’s attempt to legally claim the nickname, prompting Love to call out the “All I Want for Christmas Is You” singer on social media and Chan’s legal team to challenge Carey’s application in court.
In February 2023, Vidal’s office approved Lizzo’s request to trademark the phrase “100% that b*tch” for use on clothing and other merchandise. But Lizzo’s request was also initially denied, on the grounds that the phrase was too general to qualify for legal protections for usage.
Given Lizzo’s nonlinear successful bid to trademark her phrase, Carey’s bid to legally claim the title “Queen of Christmas” may not be over just yet.
