Can you use a phrase that is trademarked?
A trademark does not mean, however, that no one else can use your word, phrase, or symbol in connection with any and all goods and services. … The key criterion: trademark infringement occurs when someone else’s use of a trademark would likely cause confusion about the source of goods or services.
What happens if you use a trademarked name without permission?
United States law allows the holders of federally registered trademarks to sue others who use those marks without permission, when the use in question causes a “likelihood of confusion” to actual or potential customers.
Are words trademarked or copyrighted?
Names, logos, and slogans are common trademarks. A copyright, on the other hand, protects a work of authorship, including books, paintings, and even computer code.
When can a phrase not be trademarked?
Reasons To Not Trademark a Phrase
You need to be the only business in your class using your phrase. Otherwise, the USPTO will probably reject your application. A trademark identifies the source of a product. If your phrase describes a product or service, it won’t be approved for trademark protection.
How do you tell 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.
Can logos be used without permission?
A person or company should never use a trademark or logo without written permission from its owner. To get permission and avoid trademark infringement, write a letter to the trademark owner. … However, even then, third parties cannot use logos as part of their marketing campaigns without a specific agreement.
Can you sue someone for using your trademark?
A trademark owner who believes its mark is being infringed may file a civil action (i.e., lawsuit) in either state court or federal court for trademark infringement, depending on the circumstances. However, in most cases, trademark owners choose to sue for infringement in federal court.
Can I sue someone for using my company logo?
Any time your company uses a logo to identify its products or services, you establish common-law trademark rights. Common-law trademark rights may allow you to sue a competitor to prevent it from using your logo, particularly if it is in a way that attempts to portray itself as your company to consumers.
Is it better to copyright or trademark a logo?
At the most basic level, a trademark protects logos and slogans while a copyright protects creative intellectual design. However, the copyright doesn’t protect short phrases often found in a logo; that is protected by the trademark. This naturally begs the question why a company might need both in a logo design.
Is love language trademarked?
LOVE LANGUAGE Trademark – Registration Number 2991295 – Serial Number 76579246 :: Justia Trademarks.
Which is better copyright or trademark?
Copyrights primarily protect the rights of people who create literary, dramatic, musical, artistic, and certain other intellectual works (like history tests, and software code). Trademarks protect the use of a company’s name and its product names, brand identity (like logos) and slogans.
Can you trademark a phrase on a T shirt?
If your T-shirt design has symbols, words, or other marks that uniquely distinguish it from other T-shirts on the market you can obtain a trademark to protect your design from others who might wish to capitalize on your intellectual property.
Can you patent a saying?
While you can learn how to patent an idea here, unfortunately, it is not possible to patent a phrase. Instead, you can trademark a phrase by registering it with the U.S. Patent and Trademark Office. … Individuals and businesses can trademark any phrase, which has a secondary meaning that connects to a product or service.