Mel Robbins, a well-known motivational speaker and author, recently attempted to register a trademark for the phrase “Let Them,” based on the title of her book and its associated message. However, this move has sparked significant discussion—not only about trademark law but also about the ethical considerations of claiming rights to common expressions.
This situation isn’t unique—LeBron James once attempted to trademark “Taco Tuesday” and was denied. Both cases highlight a crucial trademark principle: just because a phrase is widely recognized doesn’t mean you can claim exclusive rights to it. In this post, we’ll unpack what happened with Robbins and James, the importance of proving trademark use, and what entrepreneurs, influencers, and business owners should know about protecting their brands.
You Don’t “Trademark” a Phrase—You Claim Trademark Rights
One of the biggest misconceptions in discussions about Mel Robbins’ trademark attempt is the idea that someone can simply “trademark” a phrase. Legally speaking, when you apply for a trademark in the United States, you aren’t attempting to “get trademarked”—you are actually claiming trademark rights you already have.
In the U.S., trademark rights arise through actual use in commerce, meaning you must be using a phrase as a source identifier for goods or services before claiming exclusive rights. The application process with the United States Patent and Trademark Office (USPTO) is about securing additional legal protections for those existing rights—not magically granting you trademark ownership.
This distinction is key because many people assume filing a trademark application is like forming an LLC or purchasing a domain name, where you pay to “get” the thing you want. When you apply for a trademark registration, it’s more akin to an audition process—it’s about getting your existing trademark rights officially recognized by the government.
The Origins of “Let Them” and the Ethical Debate
While Robbins has popularized “Let Them” as a life philosophy, it’s important to acknowledge that the phrase did not originate with her. Many have pointed out similarities between Robbins’ use of the phrase and a 2022 poem titled “Let Them” by writer Cassie Phillips.
Phillips’ poem resonated widely on social media and in support groups, with its message about acceptance and letting go. Some have raised concerns that Robbins may have drawn inspiration from Phillips’ work without proper attribution. While Robbins has not directly addressed these concerns, this highlights a broader ethical question: Should public figures seek trademark rights for phrases that have already entered the cultural lexicon through other sources?
Legally, the USPTO does not evaluate the originality of a phrase in the same way that copyright law does. However, ethical considerations matter—especially when a phrase has deep public resonance before an influencer or celebrity attempts to brand it.
The “Failure to Function” Doctrine—Why Mel Robbins (and Many Others) Run Into Issues
One of the biggest obstacles for trademarking common phrases is the “failure to function” doctrine. The USPTO will refuse trademark applications if a phrase doesn’t function as a trademark—that is, if it doesn’t identify and distinguish the source of goods or services.
For example, if a phrase is widely used in everyday language (like “Let Them” or “Taco Tuesday”), it may not be perceived as a brand but rather as a generic or decorative expression. This is precisely why the USPTO has denied many trademark applications for common slogans, including:
- LeBron James and “Taco Tuesday” – The USPTO ruled that this phrase was a common expression widely used by the public and therefore could not function as a trademark.
- “OK, Boomer” – Trademark applications for this viral phrase were rejected for failing to function as a trademark, as it was a widely used cultural expression.
- “Let’s Roll” – The USPTO denied an attempt to trademark this phrase in connection with 9/11 remembrance efforts because it was widely associated with a historical event rather than a brand.
Mel Robbins’ attempt to register “Let Them” faces similar hurdles. Since the phrase is common and widely used as a general life philosophy rather than a brand identifier, the USPTO may reject it under the failure-to-function doctrine.
Why a Book Title (Alone) Isn’t Enough for Trademark Rights
Another crucial aspect of Robbins’ trademark attempt is the misconception that a book title alone is enough to establish trademark rights.
Under U.S. trademark law, the title of a single book cannot be trademarked because it is not considered a brand identifier. A trademark must indicate a continuing commercial source, and a single book title does not serve that purpose. However, if the phrase were used as the name of a series of books (like “Harry Potter” or “Chicken Soup for the Soul”), then it could be eligible for trademark protection.
Similarly, just putting a phrase on an Etsy t-shirt or in a poem does not automatically create trademark rights. The phrase must be used as a brand—meaning it must identify the source of goods or services in a way that distinguishes it from competitors. This is why many attempts to trademark viral phrases or inspirational quotes fail.
What Is Trademark Usage? The “Hakuna Matata” Effect
In trademark law, trademark usage refers to the use of a word, phrase, symbol, or design in commerce to identify and distinguish the source of goods or services. This means that when consumers encounter the trademark, they should immediately associate it with a specific company or product. This association is known as source identification.
For instance, when you see the Apple logo, you think of Apple Inc. When you see the Nike swoosh, you think of Nike. This immediate recognition is the result of consistent and exclusive use of these symbols in connection with their respective products, establishing a strong link in the minds of consumers.
I like to call this the “Hakuna Matata Effect.” The phrase Hakuna Matata, which means “no worries” in Swahili, became widely associated with Disney’s The Lion King after the film’s release in 1994. Due to this strong association, Disney was able to trademark “Hakuna Matata” for use on T-shirts and other merchandise. This demonstrates how a phrase, through extensive use and public recognition, can function as a trademark by pointing directly to a single source—in this case, Disney.
For a word or phrase to function as a trademark that your business owns, it must create that same “Hakuna Matata Effect”—where the public hears the phrase and immediately connects it to your brand. Without that strong brand association, a phrase remains generic, descriptive, or merely ornamental, and does not qualify for trademark protection.
The Takeaway: Trademark Law Protects Brands, Not Common Expressions
Mel Robbins’ attempt to register “Let Them” as a trademark is a perfect example of why trademark law does not grant ownership over everyday phrases. Instead, trademarks are meant to protect brand identities—not popular sayings, life advice, or generic expressions.
If you’re an entrepreneur, influencer, or creative professional, here are some key lessons to keep in mind:
- You don’t “trademark” something—you claim trademark rights based on actual use.
- The USPTO frequently denies trademarks for common phrases under the “failure to function” doctrine.
- A book title alone does not create trademark rights unless it’s part of a series.
- Simply printing a phrase on merchandise does not automatically make it a trademark—it must function as a brand identifier.
- Ethical considerations matter—trademarking a widely used phrase can create backlash if the public sees it as an attempt to control common language.
As the USPTO reviews Robbins’ application, it remains to be seen whether she can establish valid trademark rights. But the broader lesson is clear: trademark law is not a tool for claiming cultural expressions—it’s a system designed to protect brands.
For those looking to protect a brand name or slogan, it’s essential to work with an experienced trademark attorney to ensure your phrase qualifies for trademark protection.
