Taylor Swift's company TAS Rights Management has applied to trademark two spoken phrases and a photograph, according to a report from The Guardian. S. Patent and Trademark Office on 24 April, the report said.
Two of them are sound marks covering the phrases 'Hey, it’s Taylor Swift' and 'Hey, it’s Taylor'. The third application covers a specific photograph of Swift performing on stage during her Eras Tour. Swift's likeness has been repeatedly used in AI-generated imagery without her consent, The Guardian reported.
In early 2024, explicit deepfake images of Swift went viral on social media, prompting widespread condemnation and calls for legislative action. Additionally, in August 2024, former President Donald Trump shared AI-generated images on his Truth Social platform that falsely depicted Swift and her fans endorsing his presidential campaign, according to The Guardian. The images showed Swift wearing a 'Swifties for Trump' T-shirt and a poster of Uncle Sam styled after her album cover.
Attempting to register a celebrity’s spoken voice is a new use of trademark registration that has not been tested in court before. Historically, singers relied on copyright law to protect their recorded music. But AI technologies now allow users to generate entirely new content that mimics an artist’s voice without copying an existing recording, creating a gap that trademarks may help fill. By registering specific phrases tied to her voice, Swift could potentially challenge not only identical reproductions, but also imitations that are ‘confusingly similar’, a key standard in trademark law.
Intellectual property attorney Josh Gerben told The Guardian that attempting to register a celebrity's spoken voice is a new use of trademark registration that has not been tested in court. Gerben explained that while singers have historically relied on copyright law to protect their recorded music, advances in AI now enable users to generate new content that mimics an artist's voice without replicating any existing recording. By trademarking specific phrases associated with her voice, Swift could potentially challenge AI-generated imitations that are 'confusingly similar' to the original—a key standard in trademark law.
S. Patent and Trademark Office approves the applications, it could set a precedent for how celebrities protect their vocal identities in the digital age. He added that the sound mark applications cover the phrases as used in entertainment services and merchandise, which could help Swift assert rights over fan-made products or unauthorized endorsements.
The outcome of the trademark applications remains uncertain, as the USPTO has not yet ruled and the review process could take several months. If the sound marks are approved, they would need to demonstrate distinctiveness, meaning consumers associate the voice phrases exclusively with Swift, which could be challenging because spoken phrases are often considered functional or merely descriptive. Swift has not publicly commented on the filings, and it is unknown whether other celebrities will pursue similar protections or if courts would ultimately uphold such trademarks if challenged.