Insights from Taylor Swift’s Trademark Applications Regarding a ‘Reputation’ Rerelease
On Thursday, Taylor Swift’s legal team submitted the final extension request for the trademark registrations of “Reputation (Taylor’s Version)” and “Taylor Swift (Taylor’s Version).” Fans, affectionately known as Swifties, have marked August 16 on their calendars as a significant date.
They have reviewed the applications multiple times, with this date being crucial because the “Look What You Made Me Do” artist must demonstrate her active use of the trademarks in commercial settings; otherwise, they will be deemed abandoned. More details on this process are explained below.
A vital aspect of trademark applications lies in the notice of allowance issued by the United States Patent and Trademark Office (USPTO). This notice signifies that the trademark examination has been successfully concluded. However, the trademarks won’t be in use commercially yet, as Swift’s team has up to three years to provide proof of their commercial use.
Her Comeback Symbol
Trademark registration starts with the submissions. When Swift announced “Fearless (Taylor’s Version)” on February 11, 2021, her legal team also filed for the remaining five rerecords: “Red (Taylor’s Version),” “Speak Now (Taylor’s Version),” “1989 (Taylor’s Version),” “Reputation (Taylor’s Version),” and “Taylor Swift (Taylor’s Version).” The paperwork for “Fearless (Taylor’s Version)” was submitted the day before the announcement.
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All these applications were labeled as “intent to use,” indicating that Swift aimed to secure her rerecorded projects but had not yet begun using the trademarks commercially. For instance, she had not yet produced any branded merchandise like coffee mugs or T-shirts, only indicating her intention to use these trademarks later.
“Trademark registrations are like the icing on a cake,” explains Jason Lott, a managing attorney at the USPTO. “They provide an additional layer of protection. You still possess the foundational common law trademark rights, but the registration gives you extra legal leverage.”
History of the ‘Taylor’s Version’ Trademarks
The applications for the rerecorded albums were assigned to trademark attorneys and progressed through the review process. “Fearless (Taylor’s Version)” had a smoother journey since the album was released two months after the application was filed.
The same goes for “Red (Taylor’s Version).” Swift revealed it in June 2021, six months after the application, and it dropped in November 2021. Her team provided evidence of its use by March 2022, completing the registration by August 2023.
However, “Speak Now (Taylor’s Version)” encountered difficulties. The examining attorney placed the application on hold temporarily, claiming it might be too similar to existing trademarks. After several revisions, a notice of allowance was finally issued on June 23, 2023, shortly after her Nashville announcement during the Eras Tour. The album released on July 7, 2023, and Swift’s team submitted proof of its use by December 2023.
As for “1989 (Taylor’s Version),” the application received a notice of allowance a year prior to Swift’s announcement in Los Angeles on August 16, 2023. Her team filed for extensions twice and submitted proof of its commercial use in February 2024.
Significance of August 16 for the Last Two Rerecords
On August 16, 2022, Swift received a notice of allowance for both “Reputation (Taylor’s Version)” and “Taylor Swift (Taylor’s Version).”
Her “Reputation (Taylor’s Version)” application spans ten categories of goods and services. For instance, Class 9 references items linked to “musical sound recordings, audio recordings featuring music, downloadable music files, etc.”
“She must have released those tracks,” Lott notes.
It’s up to Swift to present evidence or “specimens” to the trademark office, which could include screenshots of a website where fans can purchase her music and merchandise.
“By applying for registration across multiple categories, she needs to prove by the end of the allowance period that she’s actively using the trademark and has adequate specimens for each category,” Lott explains.
Understanding Trademarks vs. Copyrights
It’s essential to differentiate between trademarks and copyrights, as they are often confused. A trademark safeguards the identity and branding related to goods or services—such as logos or names on merchandise—while copyright protects the actual music.
There are two types of copyrights for songs: the musical composition (lyrics, sheet music, melody) and the sound recordings (studio recordings or masters).
Artists can apply for a trademark in advance via an “intent to use” application, but copyrights are only filed after the creation of the work. With copyrights, the focus isn’t on who gets there first; the office ensures the submitted work complies with legal requirements, typically taking about two months for processing.
“Once we approve copyright registration applications, we make them public as quickly as possible,” explains Miriam Lord, the associate register of copyrights and director of public information and education for the U.S. Copyright Office. “It’s important to note that while copyright registration isn’t necessary for copyright protection, it offers significant advantages, including the ability to enforce exclusive rights and creating a public record of the creative work.”
Creators have the option to submit registration requests for both unpublished and published works.
What Happens if the Remaining Rerecords Don’t Release by August 16?
If Swift fails to demonstrate her use of the trademarks in commerce by the deadline, they will be considered abandoned.
“The only people who truly know the situation are her and her legal team,” Lott remarks. “I can’t speculate on her business intentions. Generally, we trust business owners when they claim to have a genuine intent.”
She’s permitted to reapply, which would restart the whole process. A similar situation occurred with “A Girl Named Girl,” a book she began writing at 15 years old.
Her team sought the trademark on December 3, 2015. They received a notice of allowance on January 3, 2017, but after six extensions, the mark was abandoned. On the expiration date, January 3, 2020, her team reapplied and got a new notice of allowance on September 15, 2020, before it was abandoned again after three years. Like clockwork, on the expiration day, September 15, 2023, they submitted new paperwork, receiving a third notice of allowance on October 15, 2024, set to expire on October 15, 2027.
“The examining attorney will notice when there’s a second application attempt,” Lott continues. “They’ll assess whether the person or company is making an effort to launch a good or service. However, our default assumption is to trust the applicants, especially since they declare that their submissions are genuine.”
Follow Bryan West, the News Network’s Taylor Swift reporter, on Instagram, TikTok, and X as @BryanWestTV.
