Dear Reader, welcome back to our quest to predict Taylor Swift's next move via her trademark applications. The previous article on this topic provided an overview of the trademark application process and the then-current, as of August 2022, status of the trademark applications for each of Taylor's albums slated to be (or already) re-released.

Much has happened since then, including the release of Midnights (followed shortly by Midnights (3am Edition)), the announcement and start of the Eras Tour, and, most relevant to our discussion today, the announcement of Speak Now (Taylor's Version).

Standard Character Marks

Here's an updated look at the status of each standard character mark, filed under Class 9*, for the “(Taylor's Version)” applications.

* For the sake of this article, the specific marks included in the table above are the trademarks filed for each album under International Trademark Class 9 which includes musical recordings, both downloadable and physical recordings.

**The stylized mark for “Fearless (Taylor's Version)” was filed under Class 9 on 2/10/21, and the standard character mark was filed later.

The table above reflects some changes, indicated in bold, from the previous version of the table. The most obvious changes are, of course, the announcement and album release date for Speak Now (Taylor's Version). In addition, all of the “(Taylor's Version)” (hereafter, “(TV)”) applications have, since the first article, been published for opposition, meaning that the United States Patent and Trademark Office (USPTO) approved the applications. However, none of the “(TV)” standard character marks have been registered, though the stylized marks for some albums have been registered, as have marks for trademark classes other than Class 9, as will be discussed in greater detail below.

The table below shows where each mark stands in the trademark application process, following the Publication for Opposition. As a quick refresher of the application process, the Publication for Opposition step occurs when approved marks are included in the “Official Gazette,” a weekly publication by the USPTO, and any member of the general public has 30 days to respond to the USPTO if they believe they will be damaged by the registration of the mark.

After the 30 days are up, and assuming no opposition is filed, the USPTO will issue either a Certificate of Registration or a Notice of Allowance.

• Certificates of Registration are issued for applications filed based on use in commerce.
  • An application filed based on use means that the mark is already, at the time the application is filed, being used in commerce.
• Notices of Allowance are issued for applications filed based on intent to use in commerce.
  • An application filed based on intent to use means that, at the time of filing, the mark is not yet being used in commerce, but the applicant has a bona fide intent to use the mark in commerce.
    • Each of the “(TV)” marks were filed on an intent to use basis.
  • Following the Notice of Allowance, the Applicant has six months to either:
    • Use the mark in commerce (i.e., release the album(!)); or
    • Request a six-month extension (note: multiple extensions of time may be requested).

I would expect that before the deadlines for Fearless (TV) and Red (TV), Taylor's attorneys will file proof of the marks being used in commerce (called a “Statement of Use”) and the marks will be registered. The same is also likely for Speak Now (TV) – assuming no opposition is filed, the Notice of Allowance will be sent around mid-June, and the mark will be used in commerce only a few weeks later when the album is released, so there shouldn't be a need to file for an extension of time. But we'll have to wait and see!

Other Marks

As mentioned above, though no “standard character” marks have yet been registered in Class 9 using “Taylor's Version,” some stylized marks have been registered. Interestingly, only Fearless (TV) and Red (TV) are currently the subject of multiple trademark applications; Taylor Swift (TV), Speak Now (TV), 1989 (TV), and Reputation (TV) each only has one associated application – the standard character mark application detailed above.

In contrast, Red (TV) has two associated applications: the standard character mark and the stylized mark, which was registered (Reg. No. 6,927,646) on December 20, 2022, and covers several trademark classes, including Class 9.

Fearless (TV) has eleven associated applications: one abandoned stylized mark application, one standard character mark application, and nine registered marks that all use the stylized version of “Fearless Taylor's Version” and cover several trademark classes. The registration numbers for the registered marks are as follows: 6,806,096; 6,806,097; 6,927,278; 6,927,279; 6,927,280; 6,927,281; 6,927,282; 6,945,557; 6,945,558. The marks were registered between August 2022 and January 2023.

It's unclear why Taylor's attorneys filed individual applications for each trademark class for Fearless (TV) and one application for several classes for Red (TV).

Is there any epiphany to be had from this information?

In my previous article, I stated “The two available re-released albums (Fearless (TV) and Red (TV)), along with Speak Now (TV), are arguably the least far along in the trademark process.” Based on the fact that Speak Now (TV) was just announced as the next re-release, the status of each trademark application is clearly not an indication of when albums will be released.

We can possibly look at the number of trademark applications and/or the existence of an application for the stylized version of the mark as a hint, considering that only Fearless (TV) and Red (TV) have more than one application, and are the only albums with stylized mark applications. However, Speak Now (TV) still, as of the publication date of this post, only has a single application filed, though I would expect additional applications, particularly for the stylized mark, to be filed soon.

In short, in terms of trying to predict her next move, You're On Your Own, Kid.

*The information provided in this article is not legal advice and should not be relied on as such. The content of this article is for informational purposes only and is meant as a starting point in your search for answers to your legal questions.