Kylie Jenner’s ‘Rise and shine’ could become trademarked

CBC Kids News • Published 2019-10-23 17:41

Young billionaire takes her meme-ified melody to the bank

Kylie Jenner is now trademarking her viral "rise and shine" meme.

If you haven’t heard of the “rise and shine” sensation, you’re probably in need of a wake-up call.

The massively viral phenomenon started from a clip of Kylie Jenner singing “rise and shine” to her baby, and now that everyone’s singing along, she’s taking steps to trademark the phrase.

It all started on Oct. 10, when Jenner uploaded an office tour of her cosmetics company to her YouTube channel.

At 15:18 in the video, Kylie steps into her in-office nursery to wake up her daughter Stormi.

She turns on the light, and sings the now-famous words: “Rise and shine!”

In less than a week, the internet exploded with memes of the eight-second moment and the hashtag #riseandshine became the fastest trend ever to reach one billion views on TikTok.

Celebs took notice, too.

Ariana Grande has expressed interest in sampling the phrase for an upcoming song and Lizzo performed her own version of the melody in concert over the weekend.

Even Miley Cyrus is getting in on the action.

 
 
 
 
 
 
 
 
 
 
 
 
 

your new alarm clock �� ⏰

A post shared by Miley Cyrus (@mileycyrus) on

Oct 18, 2019 at 7:03pm PDT

So with all of this attention, what’s one of the world’s youngest billionaires to do?

Start printing “Rise and shine” T-shirts, of course.

Trademarking the phrase

Registering something as a trademark makes it illegal for others to use the trademark — be it a phrase, a brand name, or otherwise — without a licensing agreement from the trademark holder.

Jenner is attempting to trademark “Rise and shine” for both cosmetics and apparel, including belts, bottoms, coats, dresses, footwear, headbands, headwear, swimwear, and more.

And she’s not the first viral sensation to do so.

Drag queen and meme queen Jasmine Masters went viral earlier this summer with her “And I Oop” video.

(Jasmine Masters/YouTube)

Once it went viral, Masters was quick to trademark “And I Oop” through the United States Patent and Trademark Office (USPTO) to start stamping it on T-shirts and hoodies.

But "Rise and shine” and “And I Oop” are a lot different.

Since “Rise and shine” is already something people famously say in the morning, Jenner might have a harder time registering her trademark.

This is perhaps why she’s also submitted “RIIISE AND SHIIINNEE” for trademark — as a back-up in case the shorter version is rejected.

What gets the pass? 

Although there are many reasons that the USPTO might reject a trademark, one of the biggest is “likelihood of confusion."

This is the likelihood of a trademark being confused with one that already exists. So if there’s already a “Rise and shine” clothing company, Jenner might be out of luck.

How the trademark is used also matters.

So if a breakfast restaurant has trademarked “Rise and Shine” as their name, it won’t affect Jenner’s application.

Other factors, such as if the trademark will actually be recognized as a trademark, also matter.

But will Jenner’s phrase be given special priority because of its cultural impact and her celeb status?

CBC Kids News reached out to the USPTO for comment. They have yet to respond.

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