Trademarked Phrases: That’s Hot Trademarked Phrases: You’re fired Trademarked Phrases: BAM! Trademarked Phrases: You Cannot Be Serious Trademarked Phrases: This sick beat. Context is Everything. Trademarks are not about owning a word or phrase. It is about providing companies with distinctiveness and preventing consumer confusion. If ...
To trademark a phrase, it must meet the eligibility requirements of the United States Patent and Trademark Office (USPTO). A phrase must be distinctive and capable of identifying the source of specific goods or services. Distinctiveness may be inherent, as with fanciful or arbitrary phrases, or acquired through secondary meaning, where the ...
You can use a common word or phrase, but be aware that to obtain a trademark, you need to show that the phrase has a “secondary meaning” that makes your use different from the usual meaning of the phrase. You will also need to show how that secondary meaning is connected with your product or service.
You can trademark a phrase to build up this association and connote positive associations with a brand. Phrases such as Nike’s “Just do it,” KFC’s “finger lickin’ good,” or L’Oreals “Because you’re worth it,” are examples of trademarked phrases. These are well-known phrases legally owned by the associated businesses as a ...
Phrases can only be trademarked if the use is for commercial purposes, meaning the phrase is connected to selling goods or services. A person can’t trademark a phrase just because they like it—the phrase must be tied to a business. Trademarked phrases are only protected against the use of others in the same business class.
Before you can trademark a phrase or word, it must be unique and not already in use or trademarked by someone else. To ensure that your phrase or word is truly unique, it needs to be distinctive and not merely descriptive or generic. The more unique it is, the stronger your trademark will be. Conducting a brainstorming session to come up with ...
Every 10 years thereafter: File a Section 9 Renewal Application to keep the trademark valid. Trademarking a phrase can be a valuable step in protecting your brand. If you’re considering filing for a trademark, researching trademark classes and conducting a comprehensive trademark search will help you get it right the first time.
While trademarks commonly encompass logos, symbols, and brand names, many wonder if phrases can also be trademarked. In this blog post, we’ll delve into the question of whether a phrase can be trademarked, exploring the criteria for trademark eligibility and the role of a trademark attorney in the process. Examining Trademark Eligibility for ...
Not all words or phrases can be trademarked unless utilized for commercial purposes. For example, a phrase cannot be trademarked just because someone likes it and doesn’t want others to use it. Many people are unaware that a registered phrase is only protected against infringement in the same class or category of goods or services.
Obtaining a trademark for a viral phrase can be complex and requires careful consideration of distinctiveness, commercial use, and potential conflicts with existing trademarks. While having a registered trademark can be a powerful tool for protecting and monetizing a popular expression, applicants should be prepared to navigate the legal ...
3. Select the Appropriate Filing-Basis for the Trademark Application. When submitting a trademark application for your phrase with the USPTO, it is important to understand that you must designate a “filing basis”, which is to say, the grounds upon which the applicant has the right to obtain protection. Every trademark application must include at least one filing basis and each filing basis ...
Potential clients frequently ask me if they can trademark a phrase. Well, whether you can register a phrase with the United States Patent and Trademark Office (USPTO) essentially depends on (1) the nature of the phrase itself, and (2) the manner in which the phrase is used. If the phrase doesn’t indicate the source of your products/services, or doesn’t identify and distinguish your ...
In addition to a slogan, a trademark can also apply to a: * Business name * Phrase * Symbol * Logo * Combination of several elements. In every case, the trademarked intellectual property must be unique and distinctive. Criteria for obtaining a trademark registration for slogans or phrases: · Plain Descriptive Slogans
What can be trademarked? For a phrase to be trademarked, it must be used in a commercial context. This means the phrase must be used to sell goods or services. Often there’s a misunderstanding about what it means to trademark a phrase. It does not mean people are no longer allowed to say the phrase at all. Instead, the process makes sure ...
Trademarks are not indefinite. They have a lifespan, after which they expire if not renewed. In most jurisdictions, a trademark registration lasts for ten years and can be renewed indefinitely every ten years. Failing to renew your trademark can lead to its cancellation, which means you could lose the exclusive rights to your trademarked phrase.
Steps to Trademark a Phrase Protecting intellectual property depends on trademarks, vital assets for individuals and businesses. Although commonly associated with logos and brand names, trademarks can encompass distinctive phrases that uniquely identify products or services. Mentioned hereunder are the steps involved in trademarking a phrase.
Beyond legal protection, a trademarked phrase can enhance your marketing efforts, creating a unique identity that resonates with consumers. Understanding Trademark Eligibility. Distinctiveness and Descriptiveness: A phrase must be distinctive to qualify for a trademark. This means it should stand out to consumers and be recognizable as a symbol ...
Exceptions to what can be trademarked include various trademark exclusions that prevent certain symbols, phrases, or designs from receiving protection. Non-traditional trademarks, such as scents or sounds, may face additional scrutiny as they must demonstrate distinctiveness and non-functionality. The legal framework surrounding these ...
