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…and her trademark.
On June 25th, Kim Kardashian West sent a tweet around the world announcing that her 15-year-long passion had finally resulted in the unveiling of Kimono, her new line of shapewear. But not all the world shared her enthusiasm. Many people – specifically those from Japanese culture – were offended and outraged by her choice of brand name. And even more were upset because she had filed an application to trademark the stylized mark “KIMONO.”
Thousands of tweets popped up with the hashtag #KimOhNo as people used social media to voice their anger. Public outcry centered on feelings that the name of Kim’s new shapewear – essentially tight-fighting undergarments – was the cultural approbation of a proud Japanese tradition that honored the most meaningful moments in life—weddings, proms, baptisms, and other milestone events.
Yoko Moncol (twitter account @NotLikeYokoOno) tweeted, “Kim, I’m sure your shapewear’s nice, but please don’t take the name of beautiful traditional Japanese wardrobe and use it for your undies.”
CAN Kim Trademark “Kimono” and Use It for Her Undies?
Legally, yes she can. In fact, it makes sense to do so, and it is the legally prudent thing to do. Kim has developed a new product, decided upon a unique name for her type of product, and she wants to protect her brand. Trademarking is the way to go.
In a bit of oversimplification, the US Patent and Trademark Office (USPTO) defines trademarks as a brand name. It can include any word, name, symbol, or a combination, and it is used to identify and distinguish the goods you sell from those of others.
Kim was well within her legal rights when she applied to trademark “KIMONO” for her newly developed shapewear and lingerie line.
And Yet…
On July 1st, Kim Kardashian West sent a tweet announcing that she was withdrawing her application to trademark the word “KIMONO” (although she has yet to do so as of 7.19.19). Kim says she chose “Kimono” because she thought it was a clever play on her name and she did not plan to design a garment that would resemble or dishonor the traditional kimono, which has significance in the Japanese culture.
Kim tweeted, “I am always listening, learning and growing – I so appreciate the passion and varied perspectives that people bring to me…My brands and products are built with inclusivity and diversity at their core and after careful thought and consideration, I will be launching my Solutionwear brand under a new name.”
What If Kim Hadn’t Changed Her Mind? Could People Still Call a Kimono a Kimono?
Yes, absolutely. Even if Kim’s trademark application had been successful, she would not OWN the word “KIMONO.” A trademark grants exclusive rights only for the classes for which the trademark is registered. People could still use “Kimono” to describe other things. As an example, remember our friends from Cat & Cloud? They didn’t run into trouble with Caterpillar Inc. until they put their brand on t-shirts. (Read more about their story here. Trust me; it’s worth reading.)
SHOULD Kim Trademark “Kimono” and Use It for Her Shapewear?
Well, that’s a matter of debate. I, for one, think Kim made the right choice by withdrawing her application. By NOT offending (or at least by attempting to lessen the offense) of her fan base, she gains a significant amount of goodwill—and she has multiple naming options that she can register to protect her brand. Sometimes brand protection isn’t black and white, and although Kim would likely have been successful in registering “KIMONO” as her trademark, sometimes what’s right is wrong. Kim listened to her fans and did what many view as morally right. And in this case, that’s good for business.
Key Takeaways for All of Us
✓ Applying for the right trademarks in the right classes takes know-how. If you want to learn more about protecting your brand, start here with an affordable Small Business Legal School course, then head on over to my fixed fee Legal Branding menu.
✓ Do you already have a product or service you know should be branded? If so, get your business legal. Let’s talk. I can help you do what’s right for your business.
✓ It’s my mission to make sure that small business owners cover all their bases. I’m a champion for small businesses – and because I believe in the power of value-based businesses, a portion of all Q319 proceeds from the $49 trademark course and fixed fee Legal Branding services go to Cat & Cloud’s gofundme campaign to defend and protect their trademark against the litigation by $54.72B company, Caterpillar.
✓ Do you already have a product or service you know should be branded? If so, get your business legal. Let’s talk. I can help you do what’s right for your business.
Thank you.
