Canadian rapper Drake has been unsuccessful in his bid to trade mark the phrase ‘Certified Lover Boy’, ahead of his album release, of the same name. The rapper’s lawyer aimed to secure the phrase back in February, however with no success. This would have allowed domination of the phrase, in the world of music, TV as well as clothing.
The U.S. Patent and Trademark Office (USPTO) denied the application in question due to the possible “likelihood of confusion”, based on two different reasons. Firstly, it was seen as too similar to Lover’s Lane, a clothing brand based in Michigan, which already had possession of the ‘Loverboy’ trade mark. Although not identical to Drake’s requested phrase, it was deemed to be very similar, by the USPTO. The second factor for denial was that Drake’s project could be confused with Canadian rock-band Loverboy, whom had possession of the trade mark for their name for almost 36 years.
This however doesn’t prevent Drake from releasing his album, as well as the merchandise which will carry the same name. The star has been keeping busy by appearing on many feature songs including various artists such as DJ Khaled, Future and Partynextdoor. Drake has registered trade marks for all different kinds of businesses, so one would assume this one would have been carried out with ease.
The rapper has a six-month period, from the time of refusal, to try again with a revised application. There is also the option of a “consent agreement” between the parties involved in the dispute. This would involve one party agreeing to the registration of the trade mark by the second party, regardless of similarity.
If you have any question regarding the above matter, or would require assistance with a trade mark, please do not hesitate to get in touch with the Trademarkroom team today.
By Lora Krasteva, a student from Southampton Solent University.