Can i trademark a tagline [Videos]

Last updated : Sept 8, 2022
Written by : Freida Cone
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Can i trademark a tagline

Are taglines protected by copyright?

Copyright does not protect names, titles, slogans, or short phrases. In some cases, these things may be protected as trademarks. Contact the U.S. Patent & Trademark Office, or see Circular 33, for further information.

How do you check if a tagline 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.

How do you protect a tagline?

  1. Go to the United States Patent and Trademark Office (USPTO) website.
  2. Check the Trademark Electronic Search System (TESS) database. Make sure the slogan isn't already registered in the same category.
  3. Submit your trademark application. Pay the filing fee.

How do I register a tagline?

Any company intending to register a slogan or phrase associated with their products or services can do so by applying for the trademark registration with the Registrar of Trademarks. The Registrar will examine the application and publish the slogan to be trademarked in the trademarks journal.

Can you trademark a phrase already in use?

To trademark a phrase locally, you must already be using the phrase publicly. You can apply for a nationwide trademark with the USPTO. With the USPTO you can apply with the "intent to use." Phrases eligible for trademark registration include catch phrases, taglines, slogans, and mottos.

Can two companies have the same slogan?

Just because a company has trademark rights, those rights do not absolutely prohibit anyone else from using the same name, logo, or tagline. A business owner can prevent others from using her trademark only if the other use is confusing.

How much does it cost to trademark a slogan?

If you have ever asked yourself how much does it cost to trademark a phrase, according to the current fee schedule on the USPTO, trademark registration fees cost $275 per mark per class. If you need an attorney's assistance, the cost averages around $1,000 to $2,000.

How do I trademark a phrase for free?

You can not register a trademark for free. However, you can establish something known as a "common law trademark" for free, simply by opening for business. The benefit of relying on common law trademark rights is that it's free, and you don't need to do any specific work filling out forms, etc.

Is Nike Just Do It trademarked?

Just Do It or JDI for short (stylized as JUST DO IT. and set in Futura Bold Condensed) is a trademark of shoe company Nike, and it is one of the core components of Nike's brand. The slogan was coined in 1988 at an advertising agency meeting.

Do we need to register tagline for my business?

Tagline comes under trademarks and its registration is regulated under the Trademarks act 1999 and Trade rules 2002, though not compulsory to register, it is very important rather prudential to register your trademark as it helps enterprise to use, share and assign it.

How long does a trademark last?

A federal trademark lasts 10 years from the date of registration, with 10-year renewal terms. Between the fifth and sixth year after the registration date, the registrant must file an affidavit to state that the mark is still in use.

What words can you not trademark?

  • 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.

When can a phrase not be trademarked?

The phrase must be distinctive and not generic or just descriptive. To complicate things, a phrase that is distinctive when used in relation to one type of business may be generic in relation to another type of business.

Can you trademark something you didn't create?

Updated November 12, 2020: If you're wondering, "can you trademark something that already exists," the simple answer is "no." Generally speaking, if somebody has used a trademark before you, you can't register the trademark for yourself.

How do I protect my T shirt slogan?

Mark your t-shirt with the trademark on a “hang tag,” or a small writing on the sleeve, neck or bottom of the t-shirt. When you do it that way, you will be using your brand as a trademark (i.e, a source identifier).

Can I use a trademarked name as part of my business name?

The short answer is that you can use a trademark belonging to another person or company if you use the mark for: informational or editorial purposes to identify specific products and services, or. if your use is part of an accurate comparative product statement.

Can you patent a phrase on a T shirt?

No. Patents do not protect phrases and written expressions. Phrases used in connection with a tee shirt may be eligible for either trademark or copyright protection provided the requirements for registration of each are met.

What is the cheapest way to trademark?

The basic cost to trademark a business name ranges from $225 to $600 per trademark class. This is the cost to submit your trademark application to the USPTO. The easiest and least expensive way to register your trademark is online, through the USPTO's Trademark Electronic Application System (TEAS).

Are quotes copyrighted or trademarked?

The Short Answer. Yes, quotes are protected under copyright law.

Can I put a Nike logo on a shirt and sell it?

If this is a personal and entirely non-commercial use, then it's just fine. It is not even trademark use in this case. But if you are selling the same, it becomes infringement. many people mark their sports team shirts and jerseys for example.

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Can i trademark a tagline

Comment by Lawanda Chumbley

Thanks for this great article

Thanks for your comment Lawanda Chumbley, have a nice day.
- Freida Cone, Staff Member

Comment by Karrie

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 Karrie your participation is very much appreciated
- Freida Cone

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