In this episode of Naming in an AI Age, NameStormers, Director of Ops Ashley Elliott and CEO Mike Carr discuss the complexities of trademarking viral phrases, using TikTok content creator Jools Lebron’s catchphrase "very demure, very mindful" as an example. 

Jools faced challenges trademarking the phrase for beauty products due to trademark trolls, including individuals who filed for the phrase before her. Mike explains that while catchphrases can be trademarked if used in commerce, they must be filed in specific product classes, and extensions are possible for up to 18 months. 

Common law usage rights can also apply if a creator proves they used the phrase first in commerce. However, trolls risk legal consequences if their intent is to profit from holding trademarks hostage. While some trends are fleeting, building a sustainable brand requires consistent content and careful planning, ensuring the trademark strategy aligns with long-term goals.