BLACK LIVES MATTER. This is a slogan which was coined years ago but, the death of George Floyd sparked renewed interest in the movement across the globe and many are laying claim to it.
With 14 trade mark applications recently filed in the United States, 8 in the United Kingdom and 1 in the European Union for BLACK LIVES MATTER, many are seeking to monopolise the slogan to promote their own interests, to market their own goods and services. It is with some relief that no one in South Africa has tried to file for trade mark protection. Well, not yet any way.
Surely a slogan which is descriptive of a global movement should remain one which is free for all of us to use to show our solidarity?
The teams in the premier league showed their solidarity by having the words BLACK LIVES MATTER printed on their shirts but, Troy Deeney, soccer star at Watford and his partner Alisha Hosannah are the applicants of one of the applications filed in the United Kingdom. They filed for protection of the mark on 11 June in respect of clothing, advertising and marketing services. Their trade mark incorporates a logo well known and used by many of us, particularly in South Africa, that of a clenched fist. They have inserted it in place of the letter "a" in the word "black". Again, no one can claim a monopoly to a logo which is commonly used to indicate solidarity, one which has become so common that it is an emoji.
One cannot help but think back to the beginning of Covid-19 when opportunists were rushing to register trademarks incorporating COVID and CORONA but, trying to exploit BLACK LIVES MATTER takes it to another level. Incidentally the application in the European Union has been applied for in relation to a wide range of goods and services including sex toys and alcoholic beverages.
BLACK LIVES MATTER cannot be monopolised. It cannot be used to distinguish your goods and services from those of others. Use it for its intended purpose. Use it to show your solidarity.
Written By Bernadette Versfeld, Partner at Webber Wentzel
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