Co-authored by Sarah Grech, 2024 Summer student

Taylor Swift is lighting up Toronto, and if you didn't snag a ticket, don't worry! We've got your front-row seats to her next big move.

Swift isn't just a global pop sensation—she's a master at crafting and controlling her brand, keeping her fans captivated on and off stage. From Taylor's Version to The Eras Tour, she's been securing trademarks faster than a surprise album drop. Case in point: she recently filed for FEMALE RAGE: THE MUSICAL in the US, covering everything from theatrical performances to fan merch like bracelets and t-shirts. Could a Taylor Swift stage musical be in the works?

While we wait to find out, there's a lot to learn from Swift's proactive approach to brand ownership, which shows that having a consistent and thorough trademark portfolio management strategy can be just as important as the music itself. Let's take a closer look at her trailblazing trademark tactics and what they mean for brand protection.

I Wish You Would file your trademarks

What's clear is that Swift is a marketing Mastermind who understands the importance of controlling her brand image and keeping fans engaged. And she's doing something right—the recent billionaire's Eras Tour is the highest-grossing concert tour of all time.

While we can't all be popstars, we can still emulate her forward-thinking approach to branding to keep her image Safe & Sound. When Swift's got an idea on the go, she files for a trademark, files for it fast, and makes sure to maintain her registrations after-the-fact.

In her recent battle to reclaim her masters via re-records of her old songs, she began filing trademarks for her TAYLOR'S VERSION recordings well before the albums were released. While her Eras Tour didn't start until March 2023, she similarly got to work with filing TAYLOR SWIFT THE ERAS TOUR in 2022.

But Question…? Why own a registered trademark, anyway?

Owning a registration in Canada provides significant benefits. And while we won't list 22, we can say that The 1 worth mentioning is that a registration, which is valid for 10 years and can be renewed indefinitely every 10 years after that, provides the owner with the exclusive right to use their mark with the associated goods and services nationwide.

Common law rights, on the other hand, are more limited in scope, and are generally restricted to the specific geographical locations where sufficient goodwill is established in the mark. While Swift may have the necessary goodwill and Reputation to enforce her common law trademark rights broadly, the reality is that many do not.

…Ready for It? The benefits of active trademark registrations

Not only do active registrations block subsequent applications for confusingly similar trademarks from advancing to registration, they also give public notice on the Canadian Trademarks Register, warding off third parties from filing similar marks in the first place.

Validity is presumed once a trademark is registered, providing a defence to passing off claims made by others and minimizing the registrant's burden and associated costs to enforce their trademark rights. Registrations also provide owners with a broader range of legal remedies and options for enforcement against third parties—a plus, even for Swift.

Out of the Woods and into new markets: Leveraging trademark applications across borders

An existing national application or registration can then be leveraged in a brand's expansion to other jurisdictions.

For trademark applications filed in a Paris Union member country, the Paris Convention's right of priority allows an existing application to serve as a basis for protection in other member countries. Applications filed six months after the first will enjoy the same filing date as the original application and will have priority over subsequent third-party applications.

Interested in more than a couple of countries? This is another area where Swift proves to be an efficient trademark filer.

When multiple jurisdictions are involved, she takes advantage of the Madrid System, like in the case of her international filing for the TAYLOR SWIFT THE ERAS TOUR, allowing her to cover the different countries she is touring in, including Australia, Canada, and Singapore, through one single international trademark application and one set of filing fees. Like Swift, businesses can leverage existing Canadian trademark applications or registrations to serve as a foundation for an application for international registration.

We know All Too Well that this can get a little complicated. So, before getting Down Bad, seek legal advice on your Delicate trademark filing and branding strategies by contacting the authors.