Question: Is Slogan A Trademark?

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

A registered trademark offers legal protection to unique logos and designs affixed to a tangible object.

For this reason, you can’t file to register a trademark that someone else is already using if they used the trademark first..

Is a slogan intellectual property?

A perfectly crafted slogan is a central component to the marketing campaigns of any commercial interest. A phrase that cleverly sticks in the mind of consumers can have tremendous value as a piece of intellectual property.

Can two companies have the same name?

Because business names are registered on a state-by-state basis, the fact that a company in another state has the same name as yours is usually not a cause for concern. However, you are right in that there could be intellectual property issues (namely, trademark) when two companies have the same name.

What words can you not trademark?

Words that don’t serve to identify the source of a product can’t be trademarked. Generic words, offensive words, and certain proper names can’t be trademarked. Words that are already trademarked for goods within the same industry can’t be trademarked.

Can you own a slogan?

If you decide you want to protect your slogan or catchphrase as intellectual property, you will need to apply for a trademark. This application is submitted to the United States Patent and Trademark Office. … The slogan must directly identify your brand to be eligible to be used as a trademark.

Can you patent a slogan?

Unfortunately, slogans cannot be patented because they are not the type of intellectual property that can be patented. Patent law only protects new inventions, processes, and designs, it does not offer protection to slogans. Your best option to protect a slogan is registering it as a trademark with the USPTO.

You SHOULD include ® However, you can only use it after USPTO has actually registered the trademark, not without an application or while an application is pending. … Supposedly, failure to use the symbol may actually limit your ability to collect damages for trademark infringement. But, even this is somewhat subjective.

How do you know if a slogan is trademarked?

Go to the United States Patent and Trademark Office (USPTO) website. Check the Trademark Electronic Search System (TESS) database. Make sure the slogan isn’t already registered in the same category.

Do you trademark or patent a slogan?

Can I Trademark a Phrase/Slogan If I Don’t Register it with the USPTO? Yes, but only in the immediate geographical location under which your phrase is being used in commerce and ONLY as long as you are the first actor and the phrase/slogan is not already in use and/or registered in the USPTO.

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. … The same exact trademark you use can be used on a substantially different product or in a substantially different industry.

What is the cheapest way to trademark?

To register your mark with the USPTO, you must fill out an application and pay a filing fee. Doing this yourself is the next cheapest way to achieving a trademark and is more advantageous than doing nothing but relying on a common law mark.

What do you do if someone is using your business name?

Enforce Your Trade Mark Rights If someone else is using the same business name, attempt to resolve the dispute by contacting the other business and negotiating a favourable outcome. If this approach is unsuccessful, you can enforce your rights by sending a cease and desist letter.

Can phrases be trademarked?

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.

Can you trademark a single word?

What Can Be Trademarked? Phrases, words, symbols, sounds, and even colors are all eligible for trademark protection. Anything that identifies your brand and is used to distinguish your company or goods/services from other companies can be trademarked.

What are the 3 types of trademarks?

There are three different types of trademarks that can be registered:A word or design mark. … A certification mark. … A distinguishing guise.

Can I name my business similar to another?

A business name generally can be protected as a trademark under federal and state trademark law. … As a general rule, if someone in a similar field to yours is already using a particular business or organization name, you should not use it, nor should you use a name that would be confusingly similar.

How long does a US trademark last?

How long does a trademark registration last? A trademark registration may remain in force for potentially unlimited consecutive ten-year periods as long as the owner meets the legal requirements for post-registration maintenance and renewal and timely files all necessary documents.