Is it worth it to trademark a slogan?
Is it Worth it to Trademark a Phrase? If you are using a catch phrase, tag line, or sales line with your goods or services, then yes, it is almost always worth it to trademark that phrase if it is available.
Can a phrase 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.
Should a brand be copyrighted or trademarked?
Trademarks protect anything that is perceived as confusingly similar in its sight, sound or meaning to your consumer. So, if you are investing in a brand image, you should seek a trademark registration to protect it. But, your image may also qualify for copyright protection as well.
How long does a trademark last?
How long does a trademark last in the US? In the United States, a federal trademark can potentially last forever, but it has to be renewed every ten years. If the mark is still being used between the 5th and the 6th year after it was registered, then the registration can be renewed.
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.
What happens if I use a trademarked name?
If you use someone’s trademark without first obtaining express consent or without a legal right to do so pursuant to the fair use doctrine, the trademark owner can sue you for trademark infringement. Trademark infringement damages may include monetary compensation based on loss of profits and economic harm.
Can I use a logo that is not trademarked?
Permission to Use Logo Agreement
The United States trademark law as stated in the Lanham Act allows a non-owner of a registered trademark to make “fair use” of it without permission. … This means that using someone else’s logo without permission, even if it’s unregistered, is against the law.
How much do you have to change a logo to avoid copyright?
According to internet lore, if you change 30% of a copyrighted work, it is no longer infringement and you can use it however you want.
Do I need copyright for my logo?
The simple answer: Logos are not copyrighted, they are actually trademarked. Whether or not legal action is taken for replicating a trademarked logo is fully up to the company or entity that owns the trademark. A company still has legal rights to their logo even if it’s not trademarked.