Welcome to the era where anything that goes viral can also be trademarked! If you thought memes were just a way to kill time and get a good laugh, think again. In today’s world of internet fame, the quirkiest memes aren’t just funny but downright valuable. And it’s not just for the LOLs; from delightfully pudgy hippos to grumpy cats and Salt Bae’s sprinkle flair, these viral icons turn their 15 seconds of fame into serious business.
Trademarked Memes: From Grumpy Cat to Moo Deng the Hippo
Take Grumpy Cat, for example. Her permanently unimpressed face went from an internet meme to a big-brand mogul when her owners trademarked her likeness and name. They built a mini-empire around that adorable frown, selling everything from mugs to balloons. And when a coffee company decided to cash in on her likeness without permission, Grumpy Cat Ltd. took them to court and won $700,000! That’s right a cat meme was compensated with a six-figure, proving even memes have claws when protecting their brands.
Or look at Moo Deng, the adorably chubby hippo who charmed her way into meme royalty. Not to be outdone, her owners trademarked her name to protect her image. And let’s not forget Salt Bae, who sprinkled his way into internet history and trademarked his iconic salt-sprinkling move. Memes aren’t just for laughing—they’re for licensing!
Viral Catchphrases Get Trademarked Too!
It’s not just animals and iconic poses; catchphrases are getting trademarked as well! Take “Yeh Sab Doglapan Hai” (which translates to “This is all hypocrisy”), a phrase made famous by Shark Tank India’s Ashneer Grover. The line sparked a meme frenzy, and Grover quickly trademarked it. Not only did he make it official, but he even wrote a bestselling autobiography with “Doglapan” as the title.
Then there’s Binod, the meme that made its mark from a random YouTube comment. When Slayy Point noticed the meme potential of a comment simply saying “Binod,” the internet went wild. Soon enough, Slayy Point’s founder trademarked the word for merchandise, proving that even a single, random word can launch a brand.
The Legal Meme Craze: Protecting Catchphrases and Taglines
Trademarking catchphrases isn’t just a passing trend it’s becoming a go-to move for creators. The Delhi High Court has ruled that common words if creatively combined, can be eligible for trademark protection. Kohler Co.’s slogan “BELIEVING IN BETTER”; it’s a simple phrase, but because it’s used as a unique tagline, it was granted trademark status. This ruling paved the way for meme-inspired phrases to get trademarked, making it easier for creators and businesses to protect their viral content.
Why Trademarking Memes is Big Business
The average millennial scrolling through about 20-30 memes each day, memes have officially gone mainstream. The global meme industry is expected to hit a whopping $6.1 billion by 2025. From catchphrases to iconic images, creators and brands are securing their rights, making sure they don’t just get credit for their work but also a solid paycheck.
Trademarking memes is more than just a smart move; it’s essential. It helps creators and businesses protect their work from imitators, ensuring they get the rewards (and royalties) for their viral genius.
So, the next time you’re scrolling through a meme or quoting a funny phrase, remember someone might just be cashing in on that punchline. And in the age of viral stardom, it’s no joke that everything, even a single word like Binod, can become a brand!
The Legal Lowdown: Trademarking Memes in India
Okay, so how do you go about trademarking your meme in India? Let’s break it down in a fun, bite-sized way. In India, memes can be protected under the Trade Marks Act, 1999, which lays the foundation for what can be registered as a trademark. Here are some key sections to know, for when you’re ready to protect your meme empire:
- Section 9: Absolute Grounds for Refusal of Registration
No generic jokes are allowed! Your meme needs to be distinct and unique if it’s going to stand out. It can’t just describe what it’s about; it needs to be something that identifies your goods or services in a one-of-a-kind way.
- Section 18: Application for Registration
This is where you make it official! If you’ve created a meme—whether a phrase or an image—you can apply to get it trademarked. Get in the queue, and if your meme passes the test, you’ll have exclusive rights.
- Section 11: Relative Grounds for Refusal
Got a meme? Make sure no one else already owns it! This section ensures your meme doesn’t clash with existing trademarks, so you don’t accidentally infringe on someone else’s property.
- Section 2(1) (zb): Definition of “Trademark”
Memes can be more than just funny pictures or words—they can be official trademarks if they’re used to distinguish your goods or services. This means that a meme can be as valuable as your company logo.
- Section 34: Infringement and Remedies
Is someone using your meme without permission? Not on your watch! If someone infringes on your meme, you have the legal right to take them to court and seek damages or profits.
- Section 57: Correction and Rectification
Whoops! If you make a mistake in the trademark registry, you can get it corrected. This is helpful if there’s a tiny hiccup in the registration process.
So, there you have it, the fun, viral world of memes meets the serious business of trademark law. Now, every time you create or share a meme, remember it could be your next big trademark! Who knows? You might be the next meme mogul, building an empire one laugh at a time.
At Aumirah, our trademark practice stands at the forefront of brand protection and value creation, having shepherded over 10,000 trademark applications across several jurisdictions. Our dedicated team of trademark attorneys, averaging 15+ years of specialized experience, provides comprehensive counsel throughout the entire trademark lifecycle – from strategic portfolio development to vigorous enforcement.
[1] Grumpy Cat Ltd. v. Grenade Beverage LLC, Case No. SA CV 15-2063-DOC (DFMx) (C.D. Cal. May. 31, 2018)
[2] https://www.mondayeconomist.com/p/moo-deng
[3] Indian Trademark Application no. 5439887
[4] Indian Trademark Application No. 4628176
[5] C.A.(COMM.IPD-TM) 34/2022, 16 January 2023
