She made sure that “very reserved” went viral. Now she wants to protect the use of the word as a trademark

NEW YORK — NEW YORK (AP) — “Very low key, very mindful” has become the latest vocabulary to dominate the internet summer, and TikTok creator Jools Lebron is working to trademark the use of her now-viral words.

Lebron filed a trademark application with the U.S. Patent and Trademark Office last week to trademark “very demure very mindful” for various entertainment and promotional services, including advertising for beauty products. Two filings Thursday are under her real name, a representative for Lebron confirmed to The Associated Press.

Social media's penchant for “very low-key” content began in early August when Lebron took to TikTok to describe the hairstyle and makeup she wore to work. Her performance was well-received and she kept going, with “mindful” and “cute” flooding the internet as hordes of fans, including well-known celebrities, shared their own playful interpretations to describe pretty much every detail of everyday life.

Content creators can earn a significant income after becoming famous on social media through direct brand sponsorships and viewer donations. And for LeBron, a transgender woman, her viral moment allowed her to fund the rest of her transition.

Trademarks, on the other hand, can help secure rights to maintain certain businesses in the future. LeBron's own trademark applications are still pending, and it could be a while before a final decision is made. But the move is especially notable after several other people with no known connection to LeBron separately attempted to register trademarks related to the theme of “humility,” apparently in an effort to capitalize on the success of those expressions, much to the dismay of LeBron's fans.

While the saga isn't over yet, it shines a spotlight on the complex process of registering trademarks to capture a viral moment – and the struggle social media content creators must wage to gain both recognition and protection to monetize the trends they popularize.

Here's what you should know:

Yes. However, in the US there must be commercial use.

“It's not just about coming up with a phrase… (or) using it on social media and making it go viral,” says Alexandra J. Roberts, a professor of law and media at Northeastern University. She explains that there has to be a connection to the sale of concrete goods or services. She calls trademarks a “source indicator” because they help consumers understand who produces what they're buying, but not necessarily who originally came up with the name.

The law is complicated, and trademarks are often decided on a case-by-case basis. Applications are limited to specific uses, so multiple trademarks can appear under similar names—like Dove chocolate and Dove soap, or Delta Faucet and Delta Airlines. Courts give this the green light when it is assumed that consumers can easily distinguish between such different products or services.

But a phrase or name that is strongly associated with a particular person can sometimes override that.

“In simple terms, the only reason the brand exists is to avoid consumer confusion,” said Casey Fiesler, an associate professor of information science at the University of Colorado Boulder. “And if (someone else) created a social media marketing service and called it 'very low-key, very conscious social media marketing,' that would confuse consumers because they'd think it was associated with (Jools Lebron).”

Trademarks should not be confused with copyrights. Anyone who has ever created a unique TikTok, for example, owns the copyright to that video, Fiesler explains. However, there are still restrictions on what is copyrightable, and short phrases themselves almost never qualify.

In today's increasingly digital world of online trends, creatives are increasingly concerned about whether their work will be recognized. And with trademark rights like these, experts say it's a struggle to get first in line and have the resources to pull it off.

It's not uncommon for a handful of trademark applications to pop up in the middle of a viral moment. For example, earlier this year, a handful of trademark applications were filed after Hailey Welch, now also known as “Hawk Tuah Girl,” rose to fame by using the phrase in a street interview.

Still, some phrases have been found to be overused, making it harder for consumers to recognize them as a brand indicator. It can also be difficult when the creator who started a trend in the first place isn't credited – and experts point out that the consequences of this haven't been felt to the same extent in the past.

In the past, it was common for young women of color who started a viral trend or popularized a new phrase to have their work abused online – and the trademark rights snatched away by someone with more resources, such as contacts with a lawyer, Roberts explained.

“There are many stories of minority groups, particularly women, coming up with a new slang … and then seeing it adopted by someone else – often a white person, but not always … (who) comes forward first and makes real money from it,” Roberts said.

Beyond trademark-specific disputes, Fiesler added that it is still a “big problem” for creators today when their work is stolen and republished on other platforms for monetization. But she hopes the tide is now turning. That also applies to LeBron, who has received so much credit for the “very low-key” trend.

“I hope that there will continue to be very strong social norms that enforce this,” said Fiesler.

USPTO filings list three applications filed before LeBron's Thursday filing, making it effectively the “fourth in line” to be considered, according to Roberts.

However, it's possible that others will withdraw their applications later. And one of the applicants told NBC she filed the application to help LeBron keep his trademark until she could transfer it.

Lebron's legal team could potentially fend off competing applications or strengthen their own by negotiating with other applicants and updating their applications to avoid overlap. They could also later deny a competing application on the grounds of false connections.

The trademark process can take longer than the trend itself, lasting anywhere from six to nine months, sometimes even nearly a year. And litigation or requested extensions can drag the process out even further.

Nevertheless, Roberts emphasizes that LeBron can currently “do whatever she wants in terms of usage” and can start selling merchandise.

There is also nothing wrong with writing “very reserved, very careful” on the front of a T-shirt – because that is technically a decorative use and not a trademark.

Only when these words are established as a brand and are visible, for example, on a label on a piece of clothing, do trademark rights apply.