First, I just want to go on the record: the United States Patent and Trademark Office (USPTO) has not yet officially asked for my help. But everyone knows how busy they are. Let this sink in: an estimated 7 million trademark applications were filed worldwide in 2016.
So, basically, I just want to offer my services.
Let’s get to the facts, shall we? Three words are at stake.
On Oct. 10, 22-year-old billionaire Kylie Jenner uploaded a 15-minute tour of her cosmetic company to her YouTube channel. At the end of the tour Kylie steps into her in-office nursery to wake up her daughter Stormi, turning on the light and singing the already-famous words: “Rise and shine!”
In less than a week, the internet exploded with memes (humorous copies of Kylie’s eight-second moment) and the hashtag #riseandshine became the fastest trend to reach one billion views on TikTok, a Chinese upstart short video app initiated two years ago.
Miss Jenner has filed legal documents to trademark the phrase “rise and shine” and a stylized version “Riise and Shiiinee” for both beauty and clothing products.
Dearest USPTO office:
I read that you issued 308,853 new trademarks in 2018. Wow, I had no idea you all were so busy. But that is exactly why I am writing. I wanted to aid you in your decision of Miss Kylie Jenner’s application for the trademark to “rise and shine.”
As you well know, these three words have been spouted and sung for well over 145 years — probably centuries. Here’s a few facts for you:
1. As written music and lyrics, the earliest date printed of the spiritual “Rise and Shine” was by R. Nathaniel Dett published in “Religious Folk Songs 1909,” but may have been published for the first time in the first edition in 1874.
2. Dictionary.com explains the term “rise and shine” originating as a military order in the late 1800s, shine here means “act lively, do well.”
3. In 1960-early 1970s happenings, my two older sisters and I can attest that my mother use to sing “Rise and Shine, and give God your glory, glory…” every morning to urge us out of bed and get ready for school. My last four siblings may not remember her singing as it may have been possible that we wore the ever-lasting songbird out of her by the time they came onto the scene.
4. By the late 1990s my own three children were singing a “Rise and Shine — Arky Arky” mashup in church that included the lyics: “The Lord told Noah, there’s gonna be a floody, floody … the Lord told Noah to build him an arky, arky.” It ended with the OG “rise and shine” chorus.
5. Of course, there is already a “rise and shine” clothing line on Zazzle.com to be taken into account; this could confuse shoppers.
6. But the oldest use is actually an Old Testament trademark. Rise and shine is more than 2,700 years old, give or take a few hundred years. Isaiah 60:1 reads:
“Arise! Shine! Your light has come;
the Lord’s glory has shone upon you.”
In conclusion USPTO, I realize the trademark is awaiting approval. But if it were up to me, I would let Miss Jenner use the misspelled, stylized “Riise and Shiiinee” — if you must. But for Isaiah’s-sake, don’t give away the “rise and shine.” We want to keep giving God the glory, glory.
