Insight

Holidays and Intelectual Property

Holidays and Intelectual Property

Gilberto Martínez Maldonado

Gilberto Martínez Maldonado

January 10, 2023 05:15 PM

Holidays and Intelectual Property

By Gilberto Martínez | 19-Dec-2022

The December festivities are approaching, and as experts in the field of industrial and intellectual property, we are interested in letting you know if it is possible for any individual or corporation to obtain an exclusive protection for words that are widely used during this Holiday time, such as: Santa Claus, Christmas, Hannukah, Merry Christmas, New Year’s Eve, etc. The short answer is NO; however, it is possible to obtain trademark protection for any of these words so long as they are accompanied by additional orthographic, verbal or visual elements that, in combination with the common terms of the Holidays, are distinctive enough to obtain their protection as a Trademark.

In different Trademark Offices around the world, we can find that some individuals and corporations have tried to obtain exclusive rights over the mentioned words. We have been able to confirm that according to the trademark office of the United States of America (USPTO), trademarks such as "Merry Christmas" have been requested to cover products in classes 24 and 25, and obviously denied. Can you imagine that the office would have granted it? That would mean that a piece of clothing bearing the famous Merry Christmas legend could not be used by any third party.

However, it is important to mention, as we stated in the first paragraph of this article, that if such festive elements are combined with any other orthographic, verbal or graphic elements that brings distinctiveness to the trademark, it is possible to obtain their registration. Some examples of brands that are currently registered in various trademark offices around the world are: “Santa Claus is coming to town”, “A Christmas Story” and “All I want for Christmas is you ”, which, as you can see, include commonly used terms such as Sant Claus and Christmas, but the elements that accompany these words are what make them distinctive and therefore viable for registration.

Nowadays, merchants must also be careful with the festive terms they use, because some could be considered by them as terms of common use, when in some cases, they are registered as trademarks. An example we found: The town of Louisville, Kentucky had planned a Christmas display based on the story “How the Grinch Stole Christmas”, complete with an area called "LouWhoVille," and costumed characters such as Cindy Lou Who and the Grinch. Apparently, the city was unaware that the Grinch, Cindy Lou Who, and rest of the fair citizens of Who-ville are all protected intellectual property owned by Dr. Seuss Enterprises.

The Town of Louisville were unaware of the Grinch’s copyright protection until they were contacted by the legal representatives of Dr. Seuss Enterprises, where they were informed that the terms "Grinch” and “Cindy Lou Who" were registered as trademarks and copyright, and therefore they were forced to cancel the show.

There are also many companies who are very active in trying to find infringers during the holiday season. In some countries, merchants sell toys and merchandising that are not created by the owner or holder of the IP rights. Intellectual property Law Firms are very busy during this time of the year working against infringers that are violating the Ip rights of some companies around the world. Companies like Mattel, Hasbro and Dr. Seuss, are known to send cease and desist letters to possible infringers while initiating infringement actions against such companies at the same time.

To conclude, despite there being many trademarks registered that include festive terms with additional elements that grant distinctiveness to their rights, it’s important that if you want to use any of the common terms used during the holiday season, to first check and confirm if you are entitled to use these terms for being free of protection and for the use of any individual or any corporation.

Finally, we wish you have the Merriest of Holidays and a Happy New Year’s full of health, love, peace and success.

Related Articles

Top Five Tips for Successful Holiday Co-Parenting


by Miles & Stockbridge

Tips on minimizing holiday stress for divorced families.

Co-Parenting Holidays

Trending Articles

Introducing the 2026 Best Lawyers Awards in Australia, Japan, New Zealand and Singapore


by Jennifer Verta

This year’s awards reflect the strength of the Best Lawyers network and its role in elevating legal talent worldwide.

2026 Best Lawyers Awards in Australia, Japan, New Zealand and Singapore

Revealing the 2026 Best Lawyers Awards in Germany, France, Switzerland and Austria


by Jamilla Tabbara

These honors underscore the reach of the Best Lawyers network and its focus on top legal talent.

map of Germany, France, Switzerland and Austria

Effective Communication: A Conversation with Jefferson Fisher


by Jamilla Tabbara

The power of effective communication beyond the law.

 Image of Jefferson Fisher and Phillip Greer engaged in a conversation about effective communication

The 2025 Legal Outlook Survey Results Are In


by Jennifer Verta

Discover what Best Lawyers honorees see ahead for the legal industry.

Person standing at a crossroads with multiple intersecting paths and a signpost.

The Best Lawyers Network: Global Recognition with Long-term Value


by Jamilla Tabbara

Learn how Best Lawyers' peer-review process helps recognized lawyers attract more clients and referral opportunities.

Lawyers networking

Jefferson Fisher: The Secrets to Influential Legal Marketing


by Jennifer Verta

How lawyers can apply Jefferson Fisher’s communication and marketing strategies to build trust, attract clients and grow their practice.

Portrait of Jefferson Fisher a legal marketing expert

Is Your Law Firm’s Website Driving Clients Away?


by Jamilla Tabbara

Identify key website issues that may be affecting client engagement and retention.

Phone displaying 'This site cannot be reached' message

A Guide to Workers' Compensation Law for 2025 and Beyond


by Bryan Driscoll

A woman with a laptop screen reflected in her glasses

Medical Malpractice Reform Trends in Texas, Utah, Georgia and SC


by Bryan Driscoll

A fresh wave of medical malpractice reform is reshaping the law.

Medical Malpractice Reform Trends hed

Why Jack Dorsey and Elon Musk Want to 'Delete All IP Law'


by Bryan Driscoll

This Isn’t Just a Debate Over How to Pay Creators. It’s a Direct Challenge to Legal Infrastructure.

Elon Musk and Jack Dorsey standing together Infront of the X logo

Best Lawyers Launches CMO Advisory Board


by Jamilla Tabbara

Strategic counsel from legal marketing’s most experienced voices.

Group photo of Best Lawyers CMO Advisory Board members

Changes in California Employment Law for 2025


by Laurie Villanueva

What employers need to know to ensure compliance in the coming year and beyond

A pair of hands holding a checklist featuring a generic profile picture and the state of California

Common Law Firm Landing Page Problems to Address


by Jamilla Tabbara

Identify key issues on law firm landing pages to improve client engagement and conversion.

Laptop showing law firm landing page analytics

New Employment Law Recognizes Extraordinary Stress Is Everyday Reality for NY Lawyers


by Bryan Driscoll

A stressed woman has her head resting on her hands above a laptop

Best Lawyers Introduces Smithy AI


by Jamilla Tabbara

Transforming legal content creation for attorneys and firms.

Start using Smithy AI, a content tool by Best Lawyers

How to Create High-Converting Landing Pages for Your Law Firm


by Jamilla Tabbara

Learn how to create high-converting law firm landing pages that drive client engagement and lead generation.

Laptop screen displaying website tools to improve client conversion rates