Who Owns The Juneteenth Trademark? Can You Trademark A Holiday?

Who owns the Juneteenth trademark? Can you trademark a holiday? These questions have become increasingly relevant in recent years, as the importance of Juneteenth in American history and culture has grown. The celebration of Juneteenth has deep roots in the African American community asnd is a symbol of freedom, resilience, and the ongoing struggle for equality. But the question remains: who has the right to own the name and profit from the holiday’s commercialization?

Contents:

1. The Juneteenth Trademark Controversy
2. Trademarking a Holiday: Legal Aspects
3. The Walmart Juneteenth Situation
4. Public Reaction and Implications for Black Culture
5. The Role of Federal Holidays in Trademark Issues
6. The Importance of Cultural Sensitivity in Trademark Issues
7. Conclusion

The Juneteenth Trademark Controversy

Juneteenth, also known as Freedom Day or Emancipation Day, commemorates the end of slavery in the United States. In recent years, the holiday has gained more attention, and many companies have sought to capitalize on its popularity. One example is the ice cream brand Balchem Corp, which filed a trademark application for Juneteenth-themed ice cream, and which issued an apology after a major corporation attempted to trademark Juneteenth.

But who owns the Juneteenth trademark? Can you trademark a holiday? While it may seem like an unusual question, it has become a topic of debate, as large corporations and individuals alike have tried to claim ownership over the holiday’s name and related products.

Trademarking a Holiday: Legal Aspects

Legally, it is possible to trademark a holiday’s name, but it depends on the specific circumstances. A trademark can be a design or name that distinguishes a product or service from others in the market. In the case of holiday names, like Christmas, it is not possible to own the name outright, but it can be trademarked in specific contexts, such as in its connection to a particular product or service.

When it comes to Juneteenth, the United States Patent and Trademark Office (USPTO) has granted several trademarks related to the holiday, including for specific events, products, and services. However, as with Christmas, no one can own the Juneteenth name outright or prevent others from using it to celebrate the holiday.

The Walmart Juneteenth Situation

In 2021, Walmart faced backlash for creating a “Great Value” branded line of products to celebrate Juneteenth, including Juneteenth-themed ice cream. Critics argued that the company was attempting to profit from a holiday that holds deep significance for the Black community while simultaneously contributing to the erasure of Black culture (source: NBC News).

In response to the controversy, Walmart removed the items from their stores and issued an apology, acknowledging the importance of Juneteenth and promising to work with the Black community to create more culturally sensitive products.

Public Reaction and Implications for Black Culture

The question of who owns the Juneteenth trademark and whether one can trademark a holiday has sparked intense debate on social media, with many expressing concern about the commercialization of a holiday with such deep roots in Black culture. Critics argue that the efforts of large corporations to capitalize on Juneteenth risk diluting the holiday’s meaning and undermining its significance as a celebration of Black liberation.

For a contrary view, others, like Mario Bowler Sr., a Black entrepreneur who trademarked the phrase “Juneteenth Joy” for his clothing line, argue that owning a Juneteenth-related trademark can empower Black business owners and ensure that the holiday’s message is preserved. But neither of these views gets to the heart of how far an applicant should be pressed to be able to use “Juneteenth”, or any holiday name, within a registered mark.

The Role of Federal Holidays in Trademark Issues

The situation regarding the Juneteenth trademark has therefore again raised questions about the relationship between federal holidays and trademark law. In 2021, President Joe Biden declared Juneteenth a federal holiday, which may have implications for future trademark disputes related to the holiday. Federal holidays, such as Independence Day and Memorial Day, are often subject to more stringent trademark restrictions than non-federal holidays, as the United States Patent and Trademark Office seeks to protect their cultural and historical significance.

However, even with these restrictions in place, trademark disputes related to federal holidays continue to arise, highlighting the complex relationship between the commercialization of holidays and the preservation of their cultural significance.

The Importance of Cultural Sensitivity in Trademark Issues

The debate surrounding the question of who owns a Juneteenth-related trademark and whether one can trademark holidays, in general, has brought the issues of cultural, historic, and religious sensitivities to the forefront. In particular, while some companies and individuals seek to capitalize on the growing popularity of Juneteenth, they must be aware of the potential backlash of their actions.

To be certain, it is in the best interest of a company to engage and work collaboratively with the Black community when creating products and services that celebrate Juneteenth while respecting its cultural roots. Taking such actions can help companies avoid controversies like the Walmart Juneteenth situation and contribute to a more inclusive and respectful celebration of the holiday.

Conclusion

In conclusion, the question of who owns the Juneteenth trademark and whether one can trademark a holiday is not a straightforward one. Legally, it is possible to trademark a holiday name, particularly as long as additional wording specifically associates the good or service within a small niche, but no one can own the name outright or prevent others from using it to celebrate. But, buyer beware – using a holiday or other significant event in combination with a company product can lead to unwanted negative publicity if not handled delicately.

Ultimately, the debate surrounding the Juneteenth trademark serves as a reminder of the need for companies and individuals to approach the commercialization of holidays with care, ensuring that their actions respect the cultural and historical significance of the events they seek to celebrate.