Can a person trademark a phrase?
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 are trademark phrases?
Trademarking a phrase prevents someone else from using it for a product or service that could be mistaken for yours. That means a trademark can only be enforced in the business class where it is registered. By legally registering your trademark, you can you can protect it from infringement.
What is a trademark slogan?
What Is a Trademarked Slogan? A trademark is an original symbol or saying that sets apart one product or company from another. Registering a trademarked slogan will make the connection between your message and your brand for customers. This can aid your marketing efforts and add value to your business.
How are trademarks used to protect intellectual property?
Nike trademarks are trademarks owned by the leading shoe manufacturer. Companies like Nike use trademarks to protect their brand. With a trademark in place, a company can prevent unauthorized use of their intellectual property. Items that can be trademarked include catchphrases, names, figures, lyrics,…
What are the different symbols of a trademark?
Trademarks are commonly designated by three, different symbols based on whether they are unregistered, registered, or simply unregistered service marks. If trademark infringement occurs, owners of a registered trademark have the option of filing a lawsuit to head off any unauthorized usage of his trademark.
What makes a trademark distinctive in trademark law?
In order to serve as a trademark, a mark must be distinctive — that is, it must be capable of identifying the source of a particular good. In determining whether a mark is distinctive, the courts group marks into four categories, based on the relationship between the mark and the underlying product: (1)…
How are service marks and trademarks the same?
• A trademark is generally a word, phrase, symbol, or design, or a combination thereof, that identifies and distinguishes the source of the goods of one party from those of others. • A service mark is the same as a trademark, except that it identifies and distinguishes the source of a service rather than goods.
What do you need to know about trademarking a phrase?
When you trademark a phrase, you protect the words that represent your product or service. Trademarking a phrase prevents someone else from using it for a product or service that could be mistaken for yours. That means a trademark can only be enforced in the business class where it is registered.
How to trademark a phrase in interstate commerce?
Develop a distinctive one, use it in interstate commerce, and register it with the U.S. Patent and Trademark Office. You and your significant other go to the movies. During the coming attractions you hear something familiar that makes you nearly choke on a Raisinette.
What does it mean to trademark a catch phrase?
A catch phrase is essentially a trademark. A trademark is any word, name, slogan, design, or symbol used in commerce to identify a particular product and distinguish it from others.
When does a trademark become a legal right?
A distinctive trademark quickly identifies a product, and over time the mark may be equated with a particular level of quality. As with copyrights, legal rights to trademarks arise automatically without governmental formalities. But unlike copyrights, trademark rights don’t begin at the moment a word, symbol, or phrase is first scribbled on paper.