Mick Jagger, The Beatles, Michael Jackson – these pop and rock legends have left their mark on the Swiss Federal Institute of Intellectual Property (IPI). An original autograph has even been found among the IPI’s trade mark files.
IGE-Markenexpertin Barbara Korp hat das Dossier mit Michael Jacksons Unterschrift entdeckt. Copyright: IGE
[Translate to English:] IGE-Markenexpertin Barbara Korp hat das Dossier mit Michael Jacksons Unterschrift entdeckt. Copyright: IGE
The IPI’s trade mark archive still contains a number of older files that have not been fully digitised. One morning, trade mark expert Barbara Korp was searching for particular documents in the archive when she stumbled across something rather surprising: a trade mark application by pop giant Michael Jackson, who died in 2009. She even found a piece of paper with the singer’s certified original signature on it. “My first thought was: ‘Is this real?’ I naturally shared the discovery with my colleagues, and it was only then that I realised the significance of the original signature. We usually only receive copies,” says the trade mark expert.
Jackson’s signature turned out to be quite the find. The IPI’s archive also houses other signatures of music icons, such as The Beatles, Mick Jagger of the Rolling Stones and Justin Timberlake – but only in the form of copies.
The pop star used this signature to authorise an agency to act on his behalf. Copyright: IPI
Jackson trade mark filed for fan merchandise
The King of Pop didn’t have time to file his trade mark application himself. So he signed an authorisation for a company to act in his name. The history of Jackson’s trade mark application is well documented. On 22 February 1985, Triumph International in Los Angeles filed the word mark ‘Michael Jackson’ with the IPI on behalf of the singer. It’s interesting to take a look at the classes of goods that the trade mark is active in. When you file a trade mark application, you have to specify the fields in which you wish to use it. ‘Michael Jackson’ was filed for 11 classes of goods, including hand soap, radio receivers, record players, jewellery, posters, calendars, footwear and dolls. It appears that the aim was to sell fan merchandise.
Registering a name as a trade mark – the limitations
In principle, a person’s name can be filed for trade mark protection with the IPI regardless of the identity of the applicant or the goods/services claimed. This also applies for names of well-known personalities, be they real or fictional. There is a particular exception for names of real people who have had an outstanding influence on their field and whose names are very often used to describe the thematic content of certain goods/services (e.g. MOZART for phonograms in Class 9).
So it’s easier for the average person to trademark their name than it is for superstars.
Click here for all you need to know about trade mark protection
Registering a name as a trade mark – the limitations
In principle, a person’s name can be filed for trade mark protection with the IPI regardless of the identity of the applicant or the goods/services claimed. This also applies for names of well-known personalities, be they real or fictional. There is a particular exception for names of real people who have had an outstanding influence on their field and whose names are very often used to describe the thematic content of certain goods/services (e.g. MOZART for phonograms in Class 9).
So it’s easier for the average person to trademark their name than it is for superstars.
Click here for all you need to know about trade mark protection
![[Translate to English:]](/fileadmin/_processed_/9/9/csm_01b_michael_jackson_barbara_korpI78A3338_6ee71ee35a.png)
