Can you trademark a holiday [Definitive Guide]

Last updated : Sept 19, 2022
Written by : Natalie Weihl
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Can you trademark a holiday

Is Merry Christmas trademarked?

It's true. MERRY CHRISTMAS is trademarked. In fact there are four federally registered trademarks for MERRY CHRISTMAS.

What are 3 items that can be trademarked?

Non-generic words, logos, slogans, colors, smells, and sounds can all be registered with the USPTO, as long as you can demonstrate how they represent your business. Inventions and works of authorship cannot become registered trademarks and should be protected with patents or copyrights respectively.

What symbols Cannot be trademarked?

  • 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.

Can a year be trademarked?

You can trademark a date so long as you use the date as a brand name for your products or services, as trademarks can apply to any distinct words or phrases that are used in branding goods and services from a particular business.

Is Elf on the Shelf trademarked?

The Elf on the Shelf has become a Christmas-time phenomenon and has made sure it is well protected. Between a copyright on the book and more than 50 trademarks, the brand has its intellectual property covered in several different ways.

Is Santa Claus trademarked?

Santa in the public domain As a centuries-old character first illustrated in the 1800s, our modern Santa Claus is copyright-free. That explains why Santa can be used by Coke's biggest rival, Pepsi, without any fear of prosecution.

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.

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 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.

Can I trademark a common word?

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.

What qualifies for a trademark?

Two basic requirements must be met for a mark to be eligible for trademark protection: it must be in use in commerce and it must be distinctive. The first requirement, that a mark be used in commerce, arises because trademark law is constitutionally grounded in the congressional power to regulate interstate commerce.

Should I trademark or copyright my logo?

How to legally protect your logo design. To protect your logo, you need a trademark or service mark (trademarks are generally used for products, while service marks are usually applied to services). You should not copyright or patent a logo design.

Can you lose a trademark if you don't protect it?

If you don't enforce your trademark, you risk losing reputation, business, sales, customers, and more to the infringer. There's also a concept in trademark law called abandonment. Generally, if you don't use your mark for three years or more, it's considered abandoned.

How long does a trademark take to get approved?

Usually, the process takes 12 to 18 months. Registering your trademark is a complex procedure that involves your application moving through various stages. Learning about each stage in the process will help you understand why getting a trademark takes as long as it does.

Do you have to keep paying for a trademark?

Once you apply, you may need to pay additional fees, depending on your filing basis. After your trademark registers, you will need to pay maintenance fees periodically to keep your registration alive.

Why did a judge ban elf on the shelf?

In a scathing decision last week, a Georgia judge ordered a ban that could hurt children's chances of making Santa's nice list this Christmas: The Elf on the Shelf is forbidden in Cobb County.

Who owns the rights to Elf on the shelf?

The Lumistella Company is home to The Elf on the Shelf®, Elf Pets® and Elf Mates® brands with related brand extensions.

Who owns copyright on Elf on the shelf?

THE ELF ON THE SHELF Trademark of CCA and B, LLC - Registration Number 3553223 - Serial Number 77424678 :: Justia Trademarks.

Is A Christmas Carol trademarked?

As Dickens died more than 70 years ago (150 years ago to be exact), then his works are in public domain and can be freely used in any capacity; you are able to use A Christmas Carol without any copyright restrictions.

Who owns the rights to Christmas?

GlobalAccess, an obscure company located on the equally obscure Isle of Man, has owned since 1994. Versimedia, which also owns, has owned since 1997. P.

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Can you trademark a holiday

Comment by Hilario Langsam


Thanks for your comment Hilario Langsam, have a nice day.
- Natalie Weihl, Staff Member

Comment by Clarice

online outraged forest Disney this week to drop its bid to trademark the phrase Dia de los Muertos the Mega Entertainment Company had sought exclusive domain to sell merchandise associated with a new Pixar film inspired by the holiday popular in Mexico and elsewhere in Latin America but the Mexican American community wasn't having it in social media like Twitter and Facebook ensured their voices were heard loud and clear John Rossman social media editor for KPBS Fronteras desk joins me now John this is yet again another example of the power of social media before we get into that though tell me the significance of this holiday for Mexicans and Central Americans right I'm so Dia de los Muertos is celebrated throughout all of Latin America but it originated in Mexico and it's a huge national holiday there and so the holiday is really about you know celebrating and commemorating those in your family who have passed away but it's also kind of about reconnecting with them it's it's a day where you you know some build altars you bring photos you make their favorite meal and it's a day where it's more than just remembering you're able to kind of connect with someone who's passed away so it's a holiday that's really as you can imagine extremely important to millions of people so earlier this month Disney files to trademark this phrase Dia de los Muertos what kind of merchandise did it want to secure this name for right so they filed ten trademark applications and it's easier to think of it they've filed I think like 19 for the movie Toy Story so it's the same thing so it's like t-shirts fruit snacks shoes they were filing these trademarks because that was going to be you know the potential title their film Dia de los Muertos and so they wanted to protect their assets that can fall under the title of that film so walk me through this story story of John and Disney fills out the trademark application who broke this story so it was the small kind of trade journal left follows Disney and they kind of they wrote about them filing these trade applications and you know for this upcoming movie Pixar's making one of our reporters Monica eBay found it and she kind of brought it up in their morning news meeting and while she was talking I looked online and saw that it you know kind of hadn't been up yet so you know I wrote an article I'd kind of did a mad dash because when you're online everything has kind of a race to be first and while Monica was also kind of doing reporting and we're working together on it and so we got it up and then we just kind of pushed it out to social media and then it just started taking a life on its own and you know I monitor web traffic etc and you could just see it just snowballing and if you followed us on Twitter and that day you're probably really annoyed because that's all we were talking about because it was just growing exponentially it was crazy in fact we have an example of some of the response to Disney's plan here it is and so so news gets out as you said and there is a Mexican woman in Colorado who happens to be a healer she starts an online petition what was the response to that petition is the same as everything else you know is a petition on you know telling Disney to remove this and I think also just being cognizant of how important this holiday is and you know what a big you know miss site this was on Disney's part and you know today it has over 21,000 signatures and you know really what that career to be was just a testament of how outraged people were on the side and there's also a testament of you know kind of how new the new media order where there's this petition and it's kind of a part of this growing outcry and it's you know siphoning that and then it's able to be a vehicle for change what do you think the lesson is the social media lesson in all of this social media lesson well I think there's a couple lessons first it's just you know it's been it's just reporting that you know the sleeping giant you know the Latino population in America is waking up and they have a huge voice and a lot of people are trying to tap into that so that's you know Fox News Latino University on NBC Latino PETA Latino and you know it's it's this growing power and I think maybe Disney you know and a part of them were trying to tap into - they're making this movie that celebrates this huge important holiday and so maybe it was just a misstep on their part but because of social media it's far more transparent and there's far more outrage and you know hopefully you know they've learned a lesson very quickly I have there been similar efforts by other companies before to trademark a holiday um you know I think that's kind of a complex question I you know there is one trademark filing under for Dia de los Muertos it's some houston company that does you know kind of feeder things like that so you know i think i think disney's their real takeaway was that we were just trying to trademark this movie let's kind of move on we weren't trying to trademark a holiday and you know individuals on social media question of that john ralston thank you for coming in today Thanks

Thanks Clarice your participation is very much appreciated
- Natalie Weihl

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