Can phrases be trademarked?
Common words and phrases can be trademarked if the person or company seeking the trademark can demonstrate that the phrase has acquired a distinctive secondary meaning apart from its original meaning. That secondary meaning must be one that identifies the phrase with a particular good or service.
What phrases Cannot be trademarked?
What Can’t Be Trademarked?
- Proper names or likenesses without consent from the person.
- Generic terms, phrases, or the like.
- Government symbols or insignia.
- Vulgar or disparaging words or phrases.
- The likeness of a U.S. President, former or current.
- Immoral, deceptive, or scandalous words or symbols.
- Sounds or short motifs.
Are phrases trademarked or copyrighted?
A phrase should be trademarked, not copyrighted. Registering a trademark with the USPTO is simple and not very time-consuming but can take time to approve. If you hope to enforce your ownership over a specific trademark, you’ll want to get it registered before it’s too late.
What happens if a phrase is trademarked?
When you trademark a phrase, you protect the words that represent your product or service. Trademarking a phrase prevents someone else from using it for a product or service that could be mistaken for yours. That means a trademark can only be enforced in the business class where it is registered.
Can you trademark a phrase or slogan?
You can’t trademark a slogan that just describes your company’s goods or services. This doesn’t usually meet the USPTO’s requirements. You can adopt a slogan for your brand without filing out a trademark application. If you want to keep others from using it, however, you should trademark the slogan.
How do you know if a phrase is trademarked?
You can search all applied-for and registered trademarks free of charge by using the U.S. Patent and Trademark Office (USPTO)‘s Trademark Electronic Search System (TESS). If your mark includes a design element, you will have to search it by using a design code.
Is it illegal to put TM on a logo?
The (TM) symbol actually has no legal meaning. You can use the symbol on any mark that your company uses without registering it. … But as mentioned, there is no legal protection when using TM. If you use a mark that infringes on someone else’s trademark, you still put yourself at risk for legal trouble.
Can you copyright words or phrases?
Copyright does not protect names, titles, slogans, or short phrases. In some cases, these things may be protected as trademarks.
Can you trademark curse words?
The short answer is: no, you cannot trademark a “bad” word if it is scandalous, offensive, or immoral. U.S. trademark law absolutely bars trademarking words of immoral or scandalous matter.
Can I put a quote on a shirt and sell it?
Generally yes, provided you do not imply sponsorship or endorsement by the author of the quote or any third party, particularly some business. Many quotes are registered trademarks. … If you put IT’S THE REAL THING! on a shirt and sell it you will surely hear from trademark lawyers for Coca Cola.
Are Harry Potter quotes copyrighted?
No, absolutely not. Everything Harry Potter is well protected with multiple trademarks that are owned by Warner Brothers Entertainment. In fact, it’s difficult to find something related to Harry Potter that isn’t trademarked.
What phrases are copyrighted?
Copyright protects original works of authorship that have been independently created and that are the product of some minimal degree of creativity. Words and short phrases, such as names, titles, and slogans are generally not protected, even if they are original or distinctive.