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PSA (Public Swiftie Announcement): Taylor Swift has 6 Months to Release the Last Two Re-Recorded Albums

Posted by Isabel Fox | Feb 04, 2025 | 0 Comments

Gallium Law's resident Swiftie reporting for duty! I'm back with a big prediction (one could even call it a ~prophecy~) regarding the last two re-recorded albums – Reputation (Taylor's Version) and Taylor Swift (Taylor's Version) will be released by August 16, 2025.

 

How can I be so sure? The answer lies in the status of the trademark applications for each remaining album. My previous two articles on the subject provide more in-depth explanations about trademarks and how to register them with the United States Patent and Trademark Office (USPTO). To see those articles, click here and here.

The table below outlines the current status of every “(Taylor's Version)” trademark and album. These marks are the standard character marks filed under International Trademark Class 9, which includes musical recordings, both downloadable and physical recordings.

Word Mark

Application Filing Date

Album Announced

Notice of Allowance Sent

Is the mark registered?

Album Release Date

Taylor Swift

Taylor's Version

2/11/21

-

8/16/22

No

-

Fearless

Taylor's Version

6/21/21*

2/11/21

1/3/23

 

Yes

4/9/21

Speak Now

Taylor's Version

2/11/21

5/5/23

6/20/23

Yes

7/7/23

Red

Taylor's Version

2/11/21

6/18/21

12/13/22

Yes

11/12/21

1989

Taylor's Version

2/11/21

8/9/23

8/16/22

Yes

10/27/23

Reputation

Taylor's Version

2/11/21

-

8/16/22

No

-

*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. 

As shown above, the USPTO has allowed both the Taylor Swift (Taylor's Version) and Reputation (Taylor's Version) marks. However, neither mark is officially registered yet.

  • Notice of Allowance is issued for a trademark application 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.
  • A trademark can be registered once the trademark owner demonstrates that the mark is being “used in commerce.”
    • In this context, and for the marks filed under Class 9, “use in commerce” will occur when the album bearing each mark is available for pre-order or purchase.
    • For the marks filed under other trademark classes, for example, those covering goods like clothing, “use in commerce” will occur when the goods in those classes bearing each mark are available or pre-order or purchase.

 

One very important thing to note, and the basis of my claim that both albums will be released in the next six months, is that once a Notice of Allowance is issued for a trademark application, the Applicant has six months to either:

  • File a Statement of Use showing use of the mark in commerce; or
  • Request a six-month extension of time to show use.

 

After the initial six (6) month period following the Notice of Allowance, an Applicant can file a total of five (5) extensions, each lasting six (6) months. This provides the trademark Applicant with three (3) total years to produce evidence of use in commerce. The mark will be registered once this evidence, submitted to the USPTO with a Statement of Use, is accepted.

Taylor's trademark attorney filed requests for the fifth (and final) extensions for both Taylor Swift (Taylor's Version) and Reputation (Taylor's Version) on January 23, 2025. The final deadline to file a Statement of Use for both Taylor Swift (Taylor's Version) and Reputation (Taylor's Version) is August 16, 2025 – three years after the Notice of Allowance was issued for both marks.

 

One final thought – February 11, 2025, marks the fourth anniversary of not only most of the (Taylor's Version) trademark applications but also of the announcement of the first re-recorded album – Fearless (Taylor's Version). Wouldn't it be cool to bring everything full circle and mark the date by announcing either (or both) of the final re-recorded albums? Maybe in our Wildest Dreams….

 

*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.

About the Author

Isabel Fox

Isabel Fox is a registered patent agent and has been with Gallium Law since 2018. Her practice largely revolves around utility and design patent prosecution; including conducting patent landscape searches, drafting patent applications, and responding to Office Actions issued by the USPTO...

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