Can i use a trademark phrase [Best Info]

Last updated : Sept 25, 2022
Written by : Ernest Fresta
Current current readers : 5605
Write a comment

Can i use a trademark phrase

Can you use a phrase that has been trademarked?

You must be using the phrase or intending to use the phrase in connection with the sale of goods or services. Your trademarked phrase is only protected against use by others in the same class of business. The trademark must be used to identify your company as the source of the goods or services.

Can phrase be copyrighted?

Copyright does not protect names, titles, slogans, or short phrases.

How do you legally protect a phrase?

  1. Choose an Original and Distinct Phrase.
  2. Search the USPTO Database for Your Phrase.
  3. Select the Appropriate Filing-Basis for the Trademark Application.
  4. Select the Appropriate Class of Goods/Services and Description of the Goods/Services.
  5. Pay the Appropriate Gov.

Can you trademark a phrase on a T 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.

How do I know if a phrase is copyrighted?

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 does it cost to trademark a phrase?

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.

Should I trademark or copyright a phrase?

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.

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.

How do you avoid copyright infringement with T-shirts?

  1. Check material for its copyright before using it.
  2. Find non-copyrighted materials.
  3. Pay for designs.
  4. Change existing designs to make them your own.
  5. Create your designs from scratch.

Can you trademark a name already in use but not trademarked?

1. Can You File for a Trademark That Exists? 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.

Is the phrase hocus pocus trademarked?

By Disney Enterprises, Inc. The HOCUS POCUS trademark was assigned a Serial Number #88707993 – by the United States Patent and Trademark Office (USPTO). Trademark Serial Number is a Unique ID to identify the HOCUS POCUS mark in USPTO.

Should I trademark a phrase?

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.

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.

Can I put a Nike logo on a shirt for personal use?

In fact, copyright and trademark violations can in some cases lead to criminal charges. Selling shirts with copyrighted images isn't impossible, but you should never use someone else's logos on your T-shirts or other clothing without their explicit permission.

Can I sell a shirt with a quote on it?

In short, if a design is copyrighted, don't go and include it in your Shop. Only the owner of that exclusive design has the authorization to monetize it. This doesn't just go for t-shirt designs; any written, visual, even verbal content, have potential to fall under the copyright law.

Can you get sued for making T-shirts?

The worst that can happen when you print a t-shirt with a copyrighted design is that the author files a lawsuit against you. This scenario is possible only if the author registers their work officially with the U.S. Copyright Office.

Can I use a trademarked word in 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 someone steal my trademark?

Even after your trademark application has been approved, people can challenge and steal your intellectual property, using legal means. The reasons this is possible is that approved trademarks do not come with absolute ownership.

Can 2 businesses have the same name?

Can Two Companies Have the Same Name? Yes, however, certain requirements must be met in order for it to not constitutes trademark infringement and to determine which party is the rightful owner of the name.

What phrases are copyrighted?

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

more content related articles
Check these related keywords for more interesting articles :
What is trademark search
Trademark use apache 2
How to look up old patent numbers
How to take patent bar
How to trademark a brand globally
Joint intellectual property rights clause
Patent expiry of anakinra
Stages of trademark application
Can you say trademark pending
What does trademarking mean
How to expedite trademark registration
What is intellectual property explain with examples
Is intellectual property law interesting
How to trademark a name in the us
Can you trademark taste

Did you find this article relevant to what you were looking for?

Write a comment

Can i use a trademark phrase

Comment by Loriann Biernacki

Thanks for this great article

Thanks for your comment Loriann Biernacki, have a nice day.
- Ernest Fresta, Staff Member

Comment by Vennie

hello my name is Ruth Carter and I'm a licensed attorney in Arizona and this is your question of the day so somebody asked me they said I went to the USPTO trademark database and I saw a phrase trademark and it had an exclamation point at the end of the phrase what does that mean exactly can I still use the phrase without the exclamation point okay so when you apply for a trademark you have to tell the US Patent and Trademark Office exactly what you're claiming as your trademark which includes things like punctuation sometimes if you want that to be part of your trademark you have to include it and then when you use your trademark you have to use that punctuation every time so whoever this person is who has a phrase like a slogan with an exclamation point always has to use the exclamation point when they use the trademark what does this mean for you are you still allowed to use this phrase well it depends are you using it as a trademark because if you are that could be infringement if your product or service is confusingly similar to what this person who already registered the slogan is using it on but if it's a completely different product or service or if you're just using it as a sentence or a phrase that's not problematic so for example Paris Hilton has a trademark for the phrase that's hot for a couple different categories of products and services that doesn't mean that she's allowed to stop everybody else on the planet from using the phrase that's hot if you are actually talking about hot things so whether you're talking literally or figuratively what it does it stops other people from using that trademark or a confusingly similar one on the same types of products and services that she's using her trademark on so I hope that clarifies things could you use this phrase just as a phrase sure what you can't do is use it as a trademark because if if it's confusingly similar and the only difference between what they're use what they're claiming is their trademark and what you're doing is they have an exclamation point and yours doesn't that's gonna be too similar people are gonna be confused about whose product they're buying so but if you're just talking about it's a phrase that you want to use because it's a good phrase and it just fits the situation that's fine that's not a trademark problem so of course watching this video does not create an attorney-client relationship with any viewer it contains merely legal information not legal advice if you need legal advice go hire somebody I put out new content every week so please subscribe to the channel and until then I will catch up with you later take care

Thanks Vennie your participation is very much appreciated
- Ernest Fresta

About the author