A trademark could be a slogan or a particular sound [Expert Review]

Last updated : Sept 4, 2022
Written by : Helga Silverio
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A trademark could be a slogan or a particular sound

Can a trademark be a sound?

A sound trademark is a trademark where the sound is utilized to perform the trademark function of uniquely distinguishing the commercial source of products or goods and services. A sound mark, in recent times, has been increasingly used as a trademark in the marketplace. It is a non-conventional trademark.

Is a slogan a copyright or a trademark?

Typically, a slogan cannot be protected under copyright law as copyright does not protect short phrases. A short phrase can be protected in conjunction with an illustration or it may be protected in some cases, if it is taken from a larger well-known work, such as taking a line from a movie.

What can be a trademark?

A trademark can be any word, phrase, symbol, design, or a combination of these things that identifies your goods or services. It's how customers recognize you in the marketplace and distinguish you from your competitors. The word “trademark” can refer to both trademarks and service marks.

Can sounds always be trademarked?

Sounds can be registered on the Principal US Trademark Register, which provides protection throughout the United States and a presumption of validity, when they are both “arbitrary, unique or distinctive” and can also be used in a manner “so as to attach to the mind of the listener and be awakened on later hearing” (In ...

Can trademarks protect sound?

Broadly speaking, a sound trademark must meet the same requirements as any other sort of trademark. According to Section 1202.15 of the USPTO's Trademark Manual of Examining Procedure: "A sound mark identifies and distinguishes a product or service through audio rather than visual means.

Can you copyright a sound?

In 1971, Congress amended the copyright law to provide federal copyright protection for sound recordings fixed and first published with a statutory copyright notice on or after February 15, 1972. All sound recordings created after January 1, 1978, are automatically protected by copyright.

Can you trademark a slogan for a shirt?

Yes, you can trademark a t-shirt. You can trademark a name, logo, or slogan that appears on your t-shirts. You may register a trademark for any materials that identify and promote your particular goods and services. This information was provided by our founding attorney, Xavier Morales, Esq.

What is meant by trademark?

The term trademark refers to a recognizable insignia, phrase, word, or symbol that denotes a specific product and legally differentiates it from all other products of its kind. A trademark exclusively identifies a product as belonging to a specific company and recognizes the company's ownership of the brand.

What is considered a slogan?

A slogan is a simple and memorable catchphrase that draws an audience to a particular brand or product. An effective slogan is a key component of successful marketing along with your logo and brand name.

What are the 3 types of trademarks?

What you'll learn: Arbitrary and Fanciful Trademarks. Suggestive Trademarks. Descriptive Trademarks.

What is not a trademark?

Not having a distinctive character A trademark which does not possess a distinctive character and which cannot differentiate the goods or services of two or more similar products. It means a brand name which is already registered or applied for registration and cannot be a trademark.

Can I trademark a word?

When you trademark a word, you give a person or company exclusive rights to connect one brand with that word. You can trademark a word that identifies your company or your products. Register your trademark with the United States Patent and Trademark Office (USPTO) to protect your trademark throughout the United States.

Can you put a trademark on anything?

You can claim a trademark on anything by using the TM Symbol, but you can't use the registered trademark symbol (R) unless you have registered the trademark with the US Patent and Trademark Office.

What is not protected by trademark?

Generic terms are not protected by trademark because they refer to a general class of products rather than indicating a unique source.

What phrases are trademarked?

  • 'That's hot'
  • 'Things fall apart'
  • 'You cannot be serious'
  • 'This sick beat'
  • 'I pity the fool'
  • 'You're fired'

What does a trademark protect?

A trademark is a sign capable of distinguishing the goods or services of one enterprise from those of other enterprises. Trademarks are protected by intellectual property rights.

Can you trademark taste?

No, you cannot trademark a flavor. While a flavor will distinguish the taste of your product from another competing product, it cannot be trademarked as it serves an "essential functional aspect" of the product.

Can you trademark a smell?

Can I Trademark an Odor or Smell? Yes, you can trademark an odor if it is not a functional aspect of the product. For example, a trademark for plumeria scent for sewing thread was registered in 1990.

Are nature sounds copyrighted?

Download Nature sounds Ready to use on any video, YouTube, and completely free of copyright. All the sounds of nature that are heard here are registered under a Creative Commons License, with commercial uses allowed.

Why are sound effects copyrighted?

Sound effects can take your videos and content to a new level when used well. As a general rule, sound effects are copyrighted. Similar to music copyright, sound effects are created and recorded and therefore are the IP (intellectual property) of the creator.

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A trademark could be a slogan or a particular sound

Comment by Velva Eskind

Thanks for this great article

Thanks for your comment Velva Eskind, have a nice day.
- Helga Silverio, Staff Member

Comment by Linwood

here we got another great question from Korra do you put a copyright or a registered mark after your business slogan or phrase my name is Andre Mincha from the founder of trademark factory and here's my answer to this question unless my assumption is incorrect you cannot put either one of those so let me go quickly through this so first of all copyright does not protect short phrases does not protect slogans does not protect taglines that's not what copyright is for copyright protects content rights um they protect original works of art music literature and so on and it does not protect short phrases because otherwise the whole the whole situation would be on workable and so copyright is out of the way which is why I always laugh at you know some some inexperienced business owners who would put a tagline and then the see in a circle or even not not even a tagline they would put it next to their what they think they're brand names or you know a one word and they put a copyright next to it that's not how it works copyright does not protect that and anyone who sees this and knows just this much about intellectual property knows that whoever put that copyright symbol after the brand name knows absolutely nothing about intellectual property and probably the business owner as well and they won't be able to do anything if you were to take it from them now about the are in a circle the registered mark symbol you can only place it if you have a registered trademark and the reason I said I'm assuming that you cannot put either copyright or registered mark is that if you did have a registered trademark you probably wouldn't be asking this question because you would know that's the reason you register your trademark so that you could put the R in a circle after your tagline to stop everyone else in the country from using the same tagline in association with the same or similar products and services so unless you have a registered trademark now I just applied for not just pending but actually register unless you have a trademark registration certificate to back up your ownership of that tagline you cannot put an artist circle after your tagline what you could do if you don't have a register trademark what you really want to show the world that you care about this tagline being perceived as your brand you could put a TM symbol next to it TM means an unregistered trademark but guess what else it also says well what it what other message it sends to the world it sends the message to the world that you care about this brand just not enough to protect it to protect it the only way that brands are designed to be protected which is through filing of a trademark now there is an exception to that if you file a trademark you've got an applied for mark it's going through the the process you can still use the TM and that will show to the world that yes it's an unregistered trademark still on registry but if somebody checks and they go to the government database to see if that tagline has been applied for as a trademark if they see it there they'll know yeah okay that's a legitimate business owner they're doing everything right there they reply for the mark they're gonna get it eventually and when they do they're gonna have a registered mark and then they'll be able to put an R in a circle so there's nothing inherently wrong with the TM symbol all it does is just Telegraph's a simple message to the world that this mark is probably on registered right and then whoever is interested in checking the real status of the mark can go through the trademark database and check and really there's there are three possibilities that they can see the first one actually four possibilities they there's four different things they could see when they search for your tagline in the in the trademark database first thing they can see is nothing right you didn't file for that mark it's not yours okay and that means that you put your TM yeah you care about it not enough to protect it the second possibility is they see that you've got this trademark registered that's the other end of the spectrum it's your trademark you just didn't bother to replace the ironist circle well I'm sorry the TM with an R in a circle that you have the legal right to put but you're not required to so if you have a registered trademark you can still have the TM but of course it's better to put an R historical to make sure everyone really knows it's a registered mark the third situation is when they see that you've applied for this mark it hasn't yet been registered it's a pending process it can take a year or two depending on the country where it happens so they would know again that you're serious about your brand that you're you've taken the right steps and that eventually your trademark will register you'll be able an owner of the wrench a trademark the fourth option is when they see that yes you file for this trademark and for whatever reason you didn't either fully pursue it to registration maybe you got an office action that you didn't respond to or it was registered but if renew it on time and so they'll see that the status of that mark is inactive or dead and that would again tell the world that you're not being serious about your brand that it's as good as not having a trademark at all so that's the fourth fourth option about what they can see actually you know what there's a fifth one there's a fifth one and you know that is he says when somebody else owns the trademark that's probably the worst it's that it's not just that nobody claims it it's not that you don't own it is that somebody else does and if they see that that's a sure sign that you're asking for trouble when you're using somebody elses branding you're putting your TM next to it that's that's that's good that's you can assume to be seeing some legal papers in the Navajo products from some law firm sometime soon because if one person can see that then the owner of that mark will probably be able to see that as well so that's really the answer that the longer answer to a short question right so don't put cop here I don't bother if you got a tag line that you don't care about you can put a TM symbol next to it if you got a tag line that you actually want to out make sure you do the one thing one thing only get that registered as a trademark father trademark application make sure you go through all the steps and eventually you're gonna get the trademark registration certificate and you're gonna be very proud of truly owning your piece of intellectual property your tagline that helps you convert more prospects into purchasing your product and services and hopefully that would be the start of a great legacy for your brand and your business that's that's all I got for you if you like this video like this video if you wanna post your comments post your comment and if you want to subscribe to hear more answers to questions just like this one subscribe it's very simple if you like it you like it if you want to comment you comment if you want to subscribe you subscribe and if nothing else I'll see you in the next video

Thanks Linwood your participation is very much appreciated
- Helga Silverio

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