Who trademarked “Merry Christmas”?

 

Even though we weren’t watching the calendar like a hawk, we’d still know Christmas is on the way! Everything around is red. We stop feeling guilty about spending money. Various Christmas songs are permanently stuck in our head… Are you ready for Christmas? Are you ready to say “Merry Christmas”?

During the Christmas holiday season, it is common practice to start a warm greeting by saying Merry Christmas. Those are words that you might hear and say many times recently. While it is common, did you ever wonder how this phrase came about? And whether “Merry Christmas” can be trademarked from the perspective of increasing Intellectual Property consciousness? Answers are always more valued than inquisitive. So, let’s try to deep it now!

History and origin of the phrase MERRY CHRISTMAS

Speaking of the origin of this practice, it is a little obscure in actual. Nevertheless, it is held that as recorded in Strype Ecclesiastical memorials, the use of “Merry Christmas” as a seasonal salutation could date back to at least 1534, when John Fisher wished the season's greetings in a letter to Thomas Cromwell.

After that, the term Merry Christmas might have been made very popular in 1843 from two different sources. Then, the phrase became an instant hit for Christmas Greetings around the world.

The first Christmas Card, sent in 1843 by Sir Henry Cole, had such wording on it:  “A Merry Christmas and a Happy New Year to You”.

From Wikimedia Commons https://commons.wikimedia.org/wiki/File:Firstchristmascard.jpg

In 1843, Charles Dickens used the same phrase in “A Christmas Carol” and the phrase “Merry Christmas” appears 21 times in the book!

Source: Amazon https://www.amazon.com/Christmas-Carol-Dover-Thrift-Editions/dp/0486268659

MERRY CHRISTMAS as Trademark

Trademark is not merely a means of protecting a brand, but a valuable business asset. It follows that there would be a demand to seek trademark ownership and registration of popular holiday names – Merry Christmas is not an exception. 

However, is it possible to have the rights for warm greetings? Everything is possible but not everything is probable.

United States

Seemingly it is possible to trademark holiday greetings in US at least, if you use the name to sell or promote your goods or services. The trademark application will be successful if there’s no prior obstacle and the mark is distinctive enough in subject classes by the registries. Want some examples?

Trademark records from USPTO

Through the trademark database of USPTO, as we can see,  “Merry Christmas”  per se is trademarked on fruit wine etc. Combining with some simple descriptive words or design, they also could be trademarked, even on Christmas type of product. To be honest, the result surprised me a little. Usually, when we say  “Merry Christmas”  , it’s merely to convey the sentiments, not to function as a source indicator. Therefore, even these marks are protected in US, it is noteworthy not to be a Grinch!

The above owners were able to acquire the trademark registrations, but nothing limits you from using the term to wish someone a happy holiday! Registration will only put a limit on the usage of the trademark within a specific market.

Therefore, the ability to distinguish descriptive use from specific market become crucial, based on actual trademark infringement. Despite all this, please feel free to say Merry Christmas. After all, it would not be a very Merry Christmas for anyone if the owner of this mark tried to prevent consumers from using the slogan to celebrate the holiday!

China

From the Oriental side ofthe world, the rule is comparatively stricter. It is not probably to own the trademark right for “Merry Christmas” per se on any goods/services. According to Chinese Trademark Examination standard, the common greeting words, for example “新年快乐 (Happy New Year)”, are not allowed to be registered as trademark due to the lack of distinctiveness characteristics. The search into Chinese trademark database doesn’t disclose any trademark for “Merry Christmas /圣诞快乐” registered.

However, if a trademark has other strong distinctive part, while the term “Merry Christmas” only serve as description or decoration function, it could be registered to some extent. For example, the below trademark has been protected in China.

Trademark records from CNIPA

Europe

The same situation in Europe: there’s no trademark for “Merry Christmas” per se being registered through the search in EUIPO. However, with other distinctive characteristics, it could be protected as trademark. For example:

Trademark records from EUIPO

Come back to the question – can “Merry Christmas” be trademarked - obviously, in some countries like US, it can be trademarked. However, as long as “Merry Christmas” is used to express sincere sentiment to others, it is totally fine, and no trademark infringement worries. In addition, “Merry Christmas” per se cannot be trademarked in most countries, so don’t be afraid to say Merry Christmas, just two words, but amazing. This simple phrase conveys messages of well wishes, joy and love.

Have a Merry Christmas, everyone!

*this article was first published in December 2020 under the title Let's say "Merry Christmas"!