Registering a trademark linked to a musical project has become an essential tool within the industrial and intellectual property strategies of contemporary artists. The recent application for the European trademark “LUX” Rosalía's actions, months before the release of her new album, illustrate how trademark law can anticipate the market and protect the commercial value of intangible assets associated with artistic creation.
Early registration and legal priority
Submit an application for a European Union trademark before the launch of a cultural or musical product allows one to set a priority date and get a presumption of legal protection against third parties. In the case of “LUX”, the artist filed the application on June 6, 2025 for classes 9, 25 and 41, which include musical recordings, clothing and entertainment services.
This strategy avoids potential opportunistic records by third parties seeking to benefit from the commercial value of the sign and facilitates the preparation of contracts license (merchandising, distribution, etc.) with greater legal certainty.
Currently, the application is in examination phase by the European Union Intellectual Property Office (EUIPO). Once this stage is completed, a within three months so that prior rights holders can file an opposition on relevant grounds. Consequently, an opposition could still arise if similar prior trademarks exist.
Risks of not registering the trademark in other jurisdictions
One of the fundamental principles of trademark law is its territorial characterThis means that the protection obtained through a European Union trademark is only effective within that territory.
Failing to register a trademark in relevant jurisdictions can leave the owner vulnerable to unauthorized use or prior registration by third parties. In this case, Rosalía has also applied for registration in the United Kingdom and the United States, which is consistent with the international reach of her previous tour. Motomami World Tour.
However, at the moment, there is no record of an application in China, where releasing the album before registration could have allowed a third party to get there first. Without a local registryIt would be more difficult to act against possible infringements or misuses of the "LUX" mark in that market.
The distinctive character of “LUX”
One of the key aspects for granting a trademark is its distinctive characterThe EUIPO examines applications to reject generic or descriptive signs in accordance with the absolute prohibitions of the EU Trademark Regulation.
Although “LUX” means “light” in Latin and is commonly associated with luxury, this term does not directly describe the protected products or services (such as clothing, musical recordings, or entertainment services). Therefore, there are no apparent legal impediments to its registration.
Figurative and symbolic trademarks: particularities
In parallel, another trademark related to “LUX” is a symbol. These figurative marks They can also access the registry, provided they do not limit themselves to generic forms and possess sufficient distinctive character.
Unlike word marks, their distinctiveness is assessed from a visual perspective, taking into account whether the graphic sign allows identification of the business or artistic origin of the products and services offered.
Publicity and transparency in applications
In the case of European Union trademark applications, it is common practice not to display the timeline or information regarding potential oppositions until publication. This is because, while the application is under examination, the opposition period has not yet opened, and certain information is only accessible to the applicant or their authorized representative before the Office.
The European Union Intellectual Property Office does not provide for the confidential processing of applications, therefore, this would not be a confidentiality strategy. Once the application is published, all essential information would become public.
Trademark ownership and relationship with the record label
In this case, for the record label to claim a portion of the revenue derived from the exploitation of the trademarks, we must rely on what was agreed between the parties. In principle, Without a formal licensing agreement with the record label, the artist herself will receive the generated revenue. for the use of trademarks registered in their name.
Legal strategies to capitalize on intangibles
In the strategy to capitalize on the release of an album, Various variables are involved, depending on the creativity of the artist or the work team.An example of how to leverage intangibles in this context is the case of the Rosalía's album cover, presented at a large event in Callao. The creation of the cover requires the transfer of certain rights of the collaborators involved, such as the photographer or the designer, and these rights are usually owned by the record label, in this case, Columbia Records.
Another way to capitalize on the launch, by exploiting intangibles, is through the Listening PartiesA format originating in the United States and used by major artists like Ye (aka Kanye West), this type of event serves not only as a promotional tool to generate anticipation but also as a unique experience for fans, who can listen to the album for the first time with the artist. Rosalía, in particular, has opted for a more intimate format than other artists, thus creating a more personal connection with her audience and expanding the experience surrounding the release. This has undoubtedly led to the need to consider a series of legal actions to protect this activity. For example, Formalization of contracts with the spaces, public communication licenses, data processing conditions, accessIn short, as with almost all music releases, it's the a compendium of legal actions which represents a differentiating factor when it comes to a product being successful.
Common mistakes in intangible asset management
The starting point when it comes to capitalizing on intangibles for avoid future problems when releasing an album, you must ensure you have all the assignments of rights or licenses necessary for the phonographic and publishing exploitation, and trademark registrations and rights over other key elements such as artwork, cover designs, and any visual material associated with the release. It is essential to avoid any type of copyright infringement claim. both during the launch phase and after the product's distribution.
A common, and potentially costly, mistake is the lack of formal agreements with producers, performers and collaboratorsIt is not uncommon, even today, to see albums released in both physical and digital formats that subsequently generate claims for copyright or moral rights infringement. These disputes can arise for reasons such as unauthorized use of samplings, or by assignments of rights that were not properly signed. In addition, visual elementsElements such as the cover design or any other graphic material used in the promotion must be adequately protected to avoid conflicts related to intellectual property.
Lucia Palomino, Lawyer in the area of Elzaburu Brands, & Jesus Nogués, Lawyer in the area of Media and Entertainment from Elzaburu.
Image: Rosalía's website y EUIPO.
