Trademarks develop from actual use. Only a phrase that is used for a commercial purpose may be trademarked.
Difference Between Copyright Patent Trademark Small Business Help Trademark Job Help
You must be using the phrase or intending to use the phrase in connection with the sale of goods or services.
Trademark or copyright a phrase. To apply for a trademark fill out an application on the USPTOs website with your name address the phrase you wish to trademark the goods or services the phrase will identify and your reason for filing. If it is you can use it without fear of infringement or legal challenges. This includes the right to decide to distribute the work for free.
Private trademark search firms will conduct searches for a fee. Copyright are works of art literature software or music. This part of copyright is often overseen.
Registering a trademark allows the person who registered it to. A fanciful trademark is a phrase that does not already exist in the English language. With the USPTO you can apply with the intent to use Phrases eligible for trademark registration include catch phrases taglines slogans and mottos.
It sometimes deals with catch phrases and slogans especially those integrated into a design. The term trademark can refer to trademarks and service marks. You can trademark a phrase at the local level by applying at your state trademark office.
The USPTO can assign registered trademark status to a short phrase if originality can be satisfactorily proven. A trademark is a word phrase symbol or design that distinguishes the source of goods from a party from those of other parties. You might face a civil lawsuit if you use a copyrighted or trademarked phrase without the owners permission.
The phrase exclusive right means that only the copyright holder is free to exercise those rights and others are prohibited from using the work without the holders permission. To trademark a phrase locally you must already be using the phrase publicly. A short phrase can be protected in conjunction with an illustration or it may be protected in some cases if it is taken from a larger well-known work such as taking a line from a movie.
Learn more about Trademark Law. Legal Information Products from Nolo. For example the short phrase Just Do It followed by a distinctive swoosh graphic is a trademark of the Nike company.
A copyright grants legal protection to an artists work and a trademark protects a phrase a word a symbol a design or a combination of those elements that the public identifies with a specific person business or organization. A trademark is a word name symbol or device or any combination which is used or intended to be used to identify and distinguish the goods or products of one company from those of others. For example you can trademark a title or name short phrase or slogan along with a logo.
The USPTO cannot aid in the selection of a search firm or an attorney. A trademark is a brand name. A lot of times consumers use trademark or copyright interchangeably to refer to a brand name logo or phrase they use on a product or service.
Search firms are often listed in the yellow page section of telephone directories under the heading Trademark Search Services or Patent and Trademark Search Services Patent and Trademark Resource Center PTRC. For example McDonalds is a name for restaurant or Nike for shoes. Technical inventions such as chemical compositions like pharmaceutical drugs mechanical processes like complex machinery or machine designs that are new unique and usable in some type.
A trademark can be a name phrase or logo used on a product or advertised for a service. Copyright law protects unique and original literary works but it rarely applies to phrases. Simple online research can help you determine if the phrase youd like to use is free of copyright or trademark protection.
For the best chance of having your phrase saying quote or term approved as a trademark you should choose as unique a term as possible which will provide you with the strongest trademark. Your application must include the filing fee which varies depending on the class of goods and services where youre filing the trademark. A service mark is a word phrase symbol or design that distinguishes a service.
You can apply for a nationwide trademark with the USPTO. The absolute strongest type of trademark is a fanciful trademark. A word phrase design or a combination that identifies your goods or services distinguishes them from the goods or services of others and indicates the source of your goods or services.
Trademarks are symbols words or combinations of words that are used to represent a product or a service. You cant trademark a phrase just because you like it and dont want anyone else to use it.
