Very Mindful Very Demure Trademark

okay so Jules rron recently posted a video where she was seemingly very upset because somebody else trademarked very mindful very demor before she did I'm Chamilia I'm a trademark attorney here at imman law and I'm here to explain to you why if I was jeules I would not worry I also want to start this video by saying that this is not legal advice there are just so many misconceptions about how trademarks work and trademark law so I'm here to clear all of that up first and foremost let me just explain that a trademark application is not the same as a trademark registration so the person who filed this doesn't automatically have rights right now second and more importantly in the United States trademarks are granted on a first to use basis not the first to file so at the end of the day yes this person filed before Jules did Jules can prove that she was the first to use it she can oppose a trademark applicant trademark so that it does not pass the registration so now you might be wondering okay why do you guys keep telling us that we need to rush to the filing and be the first to file because in a situation like this it's going to cost a lot more money a lot more time a lot more energy to oppose a trademark application like in this situation and fight and say hey look I was the first one to use it as opposed to from the very beginning filing for the trademark application and preventing situations like this happening trust me we see Brands every single day get copied and you're going to save so much more time and money if you just take care of everything right in the beginning not to mention the headache and the emotional stress that comes with somebody stealing your brand and you now having to fight for it now back to Jules and the person who filed this application for very Mindful and very demure this is something that stood out to me as a trademark attorney really really important I pulled up the trademark application for very Mindful and very demor and it's really important to note that this person who filed filed what's called a section 1B application as you can see here to my right the reason why that's super important is because when you file a section 1B application you are admitting to the trademark examiners that you are not using this Mark yet in Commerce and instead you're just reserving it because you will be using that Mark in the future this is great for Jules because it helps her case because it's very clear that she's already been using this Mark as we know it's a trend we've all been using it if instead this person had filed a 1A application in a 1A application you need to show evidence that you're actually using the mark already then I think that would have been a little bit harder for Jules because now both the trademark applicant and Jules would have to fight over who started using it first in August and there could be a confusion on who was the first one to use the mark but this is great for Jules because that's not the case here there's so much more analysis into this as to why I wouldn't worry if I was jwes can also do another video going into the nitty-gritty and Nuance of trademark law I just wanted to get the basics out there so jwes and anybody else who might be in this position could understand a little bit more about how trademark law works in the United States all this to say a hope is not all lost for jewels and B if you have a brand that's really important to you make sure you trademark your brand ASAP because situations like this are 100% preventable you have a brand our Law Office can take care of the entire trademarking process for you you can feel free to reach out and as always I hope this video was helpful