Quick Answer: Can You Trademark A Phrase Already In Use?

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..

slogans, and other short phrases or expressions cannot be copyrighted.” [1] These rules are premised on two tenets of copyright law. First, copyright will not protect an idea. Phrases conveying an idea are typically expressed in a limited number of ways and, therefore, are not subject to copyright protection.

Is a phrase trademarked?

Phrases are subject to certain trademark rules. First, you must use the phrase in commerce, or intend to use it in commerce. That means that you must use it to sell some sort of goods or services. You can’t trademark a phrase just because you like it and don’t want anyone else to say it.

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

replied 3 years ago. You would have a hard time keeping the mark at that point – because you are using a name which belongs to someone else. … So yes, in the short term you can trademark a name, but it may well be open to challenge.

Can you trademark a phrase on a T shirt?

Because a slogan or design silk-screened onto a T-shirt is not a trademark. … A trademark is any word, phrase, design or device that identifies the source of the goods identified by the mark. Don’t even attempt to register the trademark for a slogan or design that simply appears across the chest or back of tee-shirt.

How much does it cost to register a trademark in the US?

You may be able to obtain state trademark registration for $100–$200. Federal trademark registration extends your protection nationwide and offers other important advantages, but it typically costs more: $275–$375 for each class of goods and services that you want to protect.

How do you tell if a phrase is trademarked?

Before you apply, you should search the USPTO’s trademark database (Trademark Electronic Search System, or TESS) to see if any trademark has already been registered or applied for that is: Similar to your trademark. Used on related products or for related services, and.

What can and Cannot be copyrighted?

This includes any work that has not been fixed in a tangible form, or is not considered original. Some further examples of things that cannot be considered for a copyright include: Information that is commonly known. Lists of ingredients, such as formulas and recipes.

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.

How do I trademark a phrase?

If you are looking to register your phrase as a trademark you will need to get in touch with a trademark attorney. With LawPath you will have the expert guidance of a trademark attorney to assist with your trademark registration. LawPath has access to highly qualified IP attorneys that can help with your trademark.

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.

Tips for Avoiding Copyright InfringementUse caution if it’s not your original work. If you did not create it, the work is not yours to use freely, even if there is no copyright symbol. … Read usage rules. … Understand what open source means. … Don’t believe what you hear.

Should I trademark a slogan?

Taglines such as “Think Green” or “Proudly Made in the USA” have been denied protection by the USPTO for being merely informational. … Accordingly, so long as a tagline or slogan is either inherently distinctive or has developed secondary meaning, a tagline is protectable as a trademark.

Can a saying be copyrighted?

Names, titles, short phrases, slogans and sayings cannot be protected with the United States Copyright Office. Copyright protection only extends to original artistic works fixed in a tangible medium such as literature, music and motion pictures.

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.