Top 5 memes that have been registered as trademarks

Trademarks are signs, images, and symbols capable of distinguishing the goods or services of one company from those of other companies. They are the unique elements that make a brand stand out in the marketplace. Think of Apple's iconic logo, McDonald's memorable chant "I'm Lovin' It," or Verizon's distinctive brand name—each of these is a trademark that serves to identify and differentiate.

A trademark can take many forms: a word, phrase, logo, symbol, or even a combination of these. It is closely connected to a company's branding and is often the visual and verbal identity the public comes to associate with a particular quality or experience. The main purpose of trademark registration is to protect these distinctive brand assets from being misused or copied. Registering a trademark helps ensure that the goodwill and recognition a business has built remain closely tied to that business alone.

Without trademark protection, competitors could potentially imitate your brand's most valuable identifiers, confusing consumers and diluting your reputation. A registered trademark gives you legal recourse to stop others from using similar signs that could mislead customers about the origin of the goods or services.

Memes are popular images, videos, catchphrases, or pieces of media that spread rapidly across the internet, often through humor or relatability. They typically rely on visual shorthand, like a recognizable facial expression or a specific quote. While many memes are created and shared casually, some become viral phenomena, gaining widespread recognition and long-term association with a specific idea, person, or brand. Over time, these viral elements can take on commercial value, especially when they are used on merchandise, in advertising, or by public figures.

A meme may be trademarked when its creator (or the person or company associated with it) wants to protect its use in commerce. Trademarking allows the owner to prevent others from profiting off the meme’s likeness, name, or phrase without permission. This can be especially important if the meme becomes part of a larger brand strategy, like selling clothing, licensing content, or launching entertainment properties. By securing a trademark, the owner gains exclusive rights to use the meme in specific commercial contexts, helping to preserve its originality, battle trademark infringement cases, and prevent consumer confusion.

The owners of Tardar Sauce (“Grumpy Cat”) founded Grumpy Cat Limited and secured trademarks on “GRUMPY CAT” and its feline likeness. They’ve registered these in jurisdictions such as the US, UK, and Israel and have been enforcing their trademark rights consistently ever since. In fact, the brand aggressively defends these trademarks—having filed over 50 infringement lawsuits, including a $710,000 verdict in a 2018 case against Grenade.

The phrase “Damn Daniel” erupted into meme stardom in 2016, courtesy of a viral video featuring Daniel Lara in white Vans. Capitalizing on the attention, creators registered trademarks for “DAMN DANIEL” and “DAMN DANIEL BACK AT IT AGAIN,” targeting apparel and entertainment sectors . The phrase’s enduring popularity even led major brands like Vans and Clorox to incorporate it into their campaigns, showcasing how quickly a seemingly silly meme can evolve into a protective, brandable asset.

Keyboard Cat (Charles Schmidt) and Nyan Cat (Christopher Torres) are among the most iconic and enduring memes of all time. After registering copyrights and filing trademark applications, both owners sued Warner Bros. and 5th Cell in 2013. These companies had included the meme characters in Scribblenauts games without permission . The dispute was later settled, granting Schneider and Torres licensing agreements and financial compensation, with Warner Bros. becoming official licensees. This case exemplifies how meme creators have leveraged trademark and copyright law to gain control and monetization rights over their viral creations.

In late 2023, the TikTok catchphrase “Very Demure, Very Mindful” went viral after featuring in popular videos and inspirational content on the app. An unaffiliated third-party filed a trademark application covering broad advertising use, citing plans to market products under the slogan. The move sparked criticism and debate on social media, with original creator Jools Lebron stepping forward to denounce the filing as hijacking of her meme. Press outlets like The Verge reported that Lebron was exploring legal options to challenge the claim. This case highlights the importance of protecting your intellectual property even when you don't have immediate commercial plans for it.

A clip from Gordon Ramsay’s show featuring the dismissive phrase “idiot sandwich” became a meme phenomenon in 2018, inspiring countless memes and even Halloween costumes. In 2024, Ramsay’s team reportedly applied to trademark “IDIOT SANDWICH,” presumably to monetize the phrase via restaurants, merchandise, or media spinoffs . The filing suggests an interest in protecting the phrase’s commercial usage and preventing unauthorized exploitation of this viral moment.

These cases demonstrate that memes—and the phrases, images, or characters they generate—can become monetizable intellectual property. Creators can secure trademark and copyright protection, enforce rights against unauthorized use, and build brands around viral content. The legal strategies range from trademark enforcement and licensing to litigation and public awareness campaigns—illustrating how digital culture increasingly intersects with traditional IP law.

Not necessarily. To trademark a meme, the applicant must demonstrate that the meme is being used (or is intended to be used) in commerce to identify the source of goods or services. The meme must also be distinctive and not merely descriptive or generic. If someone tries to trademark a meme they didn’t create or haven’t used commercially, the application may be challenged by the original creator or rejected by the trademark office.

A registered trademark gives its owner the exclusive right to use the meme (or its associated phrase, image, or likeness) for specific goods or services. It also provides legal grounds to prevent others from using the same or similar marks in ways that might confuse consumers. This includes selling merchandise, running ads, or using the meme in commercial campaigns without permission.

Copyright protects original creative works—like the artwork, video, or photo behind a meme. Trademarks, on the other hand, protect branding elements used in commerce—like names, logos, slogans, or distinctive characters. Many meme creators rely on both: copyright to protect the original creation and trademark to safeguard the commercial brand built around it.