The brilliant intellectual property success story of Barbie

By Maristella Collazo-Soto, Vice-Chair of the Intellectual Property Practice Group at Ferraiuoli LLC

On March 9, 1959, Mattel, Inc. ("Mattel") introduced its iconic "Barbie" doll to the world. Over the past six decades and more, Barbie has become a beloved childhood symbol globally. The origin of this iconic doll traces back to a mother named Ruth Handler, who sought to create a doll for her daughter that embodied the attributes of an adult woman—an idea entirely novel in the 1950s. Inspired by a German doll known as Bild Lilli, Handler designed the doll and christened it "Barbie," a playful derivative of her daughter's name, Barbara.

Aside from evoking cherished memories, Barbie has yielded numerous intellectual property assets for Mattel. Their trademark "Barbie" has been officially registered for dolls with the United States Patent and Trademark Office ("USPTO") since July 2, 1958.

Over the past 65 years, Mattel has expanded its trademark portfolio to encompass a comprehensive range of logos associated with Barbie and all related products. These products encompass a wide spectrum, including but not limited to video games, movies, television shows, educational services, hair accessories, clothing, toys, bath products, books, cookware, watches, packaging, and more.

At present, Mattel holds over 80 trademark registrations exclusively under the Barbie name at the federal level with the USPTO. Possessing trademark registrations is a valuable asset that enhances the worth of any business, regardless of its scale. Starting with a single business name, it's possible to secure a minimum of three (3) trademark registrations.

For instance, provided that the trademark is available, one can simultaneously apply for registration of the word(s), the black and white logo, and the logo featuring the primary colors. Consequently, any business can secure a minimum of three (3) trademark registrations, assuming the availability of the desired trademark, a point that should never be taken for granted.

Ownership of a trademark registration empowers the owner to grant licenses for the utilization of the mark to third parties across various applications.

As an illustration, Mattel has licensed the Barbie trademarks to numerous industries, including the fashion house Balmain, jewelry line Alex and Ani, shoe retailers Crocs, Aldo, and Superga, ice cream parlor Coldstone, clothing stores Forever 21, PacSun, and Gap, cosmetics store NYX Cosmetics, and fast food restaurant Burger King, among countless other collaborations.

These partnerships not only augment the brand's reputation, as evident in each collaboration, but also result in financial benefits in the form of royalties. This means that, with each collaboration, Mattel reaps double rewards. Such a strategy can be replicated on a smaller scale. The initial step is selecting the appropriate trademark and subsequently pursuing its registration.

This article was originally published in Spanish in Microjuris on August 7, 2023.