Mariah Carey has lost her attempt to trademark the phrase ‘Queen of Christmas,’ as the trademark office ruled in favor of Elizabeth Chan’s objection.
It’s official: Anyone in the United States can be the Queen of Christmas, whether it’s in the privacy of their own home-and-hearth or for professional purposes.
The United States Patent and Trademark Office released a declaration Tuesday that it was denying Mariah Carey’s bid to trademark “Queen of Christmas” along with a few associated phrases, after another singer who has used that wording, Elizabeth Chan, filed an opposition to Carey’s move earlier this year. According to the document, the judgment went against Carey because “no answer had been filed” after Chan contested the trademark attempt.
As a result, both Carey and Chan can continue to use the phrase, along with anyone else who wishes to, whether it’s to promote musical endeavors or just knit and sell sweaters — as Chan’s lawyer had raised the specter of anyone who wanted to sell “Queen of Christmas” clothing or crafts on Etsy potentially being shut down by Carey if she succeeded in establishing a trademarked line of products using the slogan.
Says Chan, “Everyone’s very focused on the win, and very focused on Mariah, but I feel it’s really important for people to understand my motivation in this was to really protect and save Christmas for generations after us. I always thought about the future of Christmas music and wanting to protect the genre to allow other artists like me to shepherd in Christmas music without anything in their way. It was very important for me to try to save it in this way not just for generations after me, but for the people that have come before me. There’s no reason why Brenda Lee or Darlene Love or I should get sued or cease-and-desisted for doing what what we’ve loved, right?”
Chan’s lawyer, Louis Tompros, who led the WilmerHale team representing the singer, calls it a case of “trademark bullying” on the Carey team’s part. “Part of the reason that we got involved was that this was a clear David versus Goliath scenario where we have a well-funded, global celebrity trying to get a trademark in dozens and dozens of categories, in a way that really hurts Elizabeth, who has her own much smaller business. And justice prevailed.”
Carey’s reps did not comment when Chan first filed her opposition last summer, and did not immediately respond to requests for comment after the Trademark Office issued its ruling.
Carey had sought sole rights to phrases including “QOC” and “Princess of Christmas” — which Chan notes she has used for her 5-year-old daughter — as well as “Queen of Christmas.” Chan contends that, as the world’s only full-time Christmas music singer of any renown, she has been called “queen” by people at radio almost since she released her first Christmas recordings in 2014.
