Can You Trademark a Phrase the Internet Already Uses? What the “Hot Girls Read” Dispute Teaches Small Businesses About Brand Protection

A BookTok trademark controversy recently turned a popular reading phrase into a public business lesson.

The phrase was “Hot Girls Read.”

According to reporting from People, content creator and small business owner Allie Mitrovich of Allie Rose Co. announced that her business had secured a trademark registration for “Hot Girls Read.” The registration covered goods including bookmarks, stickers, book covers, notebook covers, notepads, sweatshirts, graphic T-shirts, and hooded sweatshirts. The BookTok community reacted strongly, with many creators and small businesses arguing that the phrase was already widely used in the reading community and should not belong to one business. People reported that a cancellation had been filed as of June 5, 2026, and that Mitrovich later announced the trademark had been surrendered and apologized to small businesses who felt harmed by the filing.

This is not just a BookTok issue.

It is a trademark lesson for every small business owner, creator, author, coach, boutique, merchandise seller, course creator, consultant, and entrepreneur who has ever asked:

“Can I trademark this phrase before someone else does?”

The answer is: maybe.

But the better question is:

Should this phrase be treated as a trademark at all — and if so, how should the business protect it without overreaching?

A Trademark Is Not Ownership of a Word or Phrase in Every Context

One of the biggest misunderstandings in trademark law is the belief that registering a phrase means the owner now “owns” the phrase everywhere.

That is not how trademark law works.

The USPTO explains that a trademark can be a word, phrase, symbol, design, or combination that identifies goods or services and helps customers distinguish one source from another. The USPTO also warns that having trademark rights in a word or phrase does not mean the owner can prevent all uses of that word or phrase in general. The rights are tied to how the mark is used with specific goods or services.

That distinction matters.

If a business owns a trademark for a phrase in connection with certain goods, that does not automatically mean every person on the internet must stop saying the words. It also does not automatically mean every unrelated business is infringing.

Trademark law is about source identification and consumer confusion.

The key question is not simply, “Who filed first?”

The key question is:

Does the phrase actually identify one business as the source of goods or services in the marketplace?

Community Language Can Be Difficult to Claim as One Business’s Brand

The “Hot Girls Read” dispute became controversial because many BookTok users viewed the phrase as community language. According to People, users pointed to earlier uses of similar wording across social media, and the phrase was widely understood within BookTok as a cultural slogan celebrating reading.

That does not automatically answer the legal question.

But it does raise the business issue.

A phrase that is widely used by a community may be harder to position as a single company’s source-identifying trademark. It may be seen by customers as a saying, slogan, identity marker, joke, cultural reference, or decorative phrase — not necessarily as the brand name of one seller.

That distinction is especially important for merchandise businesses.

A phrase printed across a sweatshirt, tote bag, bookmark, mug, candle, or sticker may be viewed by consumers as decoration or self-expression rather than as a trademark. The USPTO explains that wording displayed merely as an ornamental or decorative feature on goods may be refused registration because it does not function as a trademark. For example, a slogan prominently displayed on the front of a T-shirt may be seen as decoration rather than as a source indicator. The USPTO also notes that common expressions are normally not perceived as trademarks.

That is the heart of the lesson for small businesses.

Just because a phrase looks good on merchandise does not mean it functions as a trademark.

Filing a Trademark Application Is a Business Strategy — Not Just a Legal Form

The “Hot Girls Read” dispute also shows why trademark filing should not be treated as a quick administrative task.

A trademark application requires strategy.

Before filing, a business should ask:

  1. Is the phrase actually being used as a brand?

  2. Are customers likely to associate the phrase with one business?

  3. Is the phrase already widely used by others?

  4. Is it being used decoratively or as a source identifier?

  5. Are there prior users?

  6. Are the right goods and services being claimed?

  7. Is the filing likely to create backlash from the very market the business serves?

  8. Is this the strongest trademark asset, or should the business protect the logo, business name, product line, series name, or brand identity instead?

That final question is especially important.

Sometimes the better trademark strategy is not to claim the broad cultural phrase. The better strategy may be to protect the business name, a distinctive logo, a unique product line, a series title, a specific design mark, or a phrase that consumers clearly connect to the business.

A business can be legally aggressive and commercially unwise at the same time.

The “Hot Girls Read” controversy appears to have been a case where the market response became part of the business risk. According to People, Mitrovich apologized and stated that the decision had been made more as a business strategy decision than as a human decision, and that she took accountability for the harm small businesses felt the filing caused.

That is a powerful lesson.

Trademark protection should strengthen the brand.

It should not alienate the community that made the brand valuable.

“Can I Trademark This?” Is Not the Only Question

Small businesses often come to trademark law with one question:

Can I trademark this?

But that question is incomplete.

The better questions are:

  • Is this phrase distinctive?

  • Is it already used by others?

  • Is it functioning as a trademark or decoration?

  • What goods or services should be covered?

  • Are there existing registrations or applications?

  • Could the filing trigger opposition or cancellation?

  • Would enforcing this mark harm the business’s reputation?

  • Is there a stronger asset to protect?

  • Does the business have evidence of actual brand use?

  • Is this a long-term brand asset or a temporary trend?

That is why trademark strategy matters before filing.

A weak or controversial filing can waste money, invite public criticism, trigger cancellation challenges, and create confusion among customers and competitors.

For small businesses, the issue is not whether trademarks matter.

They absolutely do.

The issue is whether the business is protecting the right trademark in the right way.

The Lesson for Authors, Creators, Merch Sellers, and SMEs

The “Hot Girls Read” dispute is especially relevant because many small businesses now sell products built around language.

That includes:

  • Bookish merchandise;

  • T-shirts and sweatshirts;

  • Stickers and stationery;

  • Candles and mugs;

  • Coaching slogans;

  • Course names;

  • Podcast names;

  • Event names;

  • Digital products;

  • Journals and planners;

  • Community phrases;

  • Social media catchphrases;

  • Subscription boxes;

  • Product collections.

A phrase may feel like the center of the business. But before filing, the business needs to know whether the phrase is a strong trademark, a weak trademark, a decorative slogan, a common expression, or community language that may be difficult to claim exclusively.

This is where many SMEs need legal guidance.

A business owner should not wait until after backlash, opposition, cancellation, or a cease-and-desist problem to ask whether the filing made sense.

Trademark protection should be proactive.

It should begin with clearance, classification, use analysis, and a realistic discussion of enforcement.

TEIL’s Trademark Protection Promotion

The Evans International Law Firms, LLC helps small businesses, creators, entrepreneurs, authors, consultants, product sellers, service providers, and growing brands protect the names, phrases, logos, and brand assets that distinguish them in the marketplace.

Our Trademark Protection Promotion is designed for businesses that need to understand whether their brand assets are protectable before they file, launch, sell merchandise, expand product lines, or invest heavily in marketing.

This promotion is not limited to BookTok businesses.

It is for any SME with a name, slogan, logo, course title, product name, event name, merchandise phrase, podcast title, brand collection, or business identity that may need trademark protection.

A Trademark Protection Review may include:

  • Review of the proposed mark;

  • Preliminary trademark clearance search;

  • Analysis of whether the mark appears distinctive, descriptive, ornamental, or potentially weak;

  • Review of goods and services/class strategy;

  • Discussion of prior use and marketplace use;

  • Filing recommendations;

  • Risk review for common phrases or community language;

  • Guidance on whether to protect a word mark, design mark, logo, product line, or broader brand identity;

  • Next steps for filing, enforcement, or rebranding.

The “Hot Girls Read” dispute may be the story people are talking about.

But the business lesson is bigger:

Just because a phrase can be filed does not mean it should be filed — and just because a phrase is popular does not mean it is legally or commercially safe to build a brand around it.

Before your business prints the shirts, launches the merch, files the application, sends the demand letter, or builds a campaign around a phrase, get the trademark strategy reviewed.

To schedule a Trademark Protection Review, contact The Evans International Law Firms, LLC.

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