How to Trademark a Slogan, Name or Brand
Trademarking a slogan is not much different than having to trademark another term, logo, design or other mark. It needs to qualify for the basics of trademark protection. It is critically important that your use of your particular slogan is used in such a way that qualifies for trademark registration and trademark protection. Merely putting a slogan on the front of a t-shirt or on some other placard, is not sufficient trademark use. A qualified trademark attorney can definitely give you advice on how to trademark a slogan.
Welcome to Trademark Law Radio, a top web resource on issues of trademark infringement, trademark licensing, trademark protection, and trademark registration
This is Brian Hall, a trademark attorney with Traverse Legal, PLC, a trademark law firm specializing in representation of trademark owners across the world. Today, will be answering the question of how to trademark a slogan.
And to begin, trademarking a slogan is not much different than having to trademark another term, logo, design or other mark. It needs to qualify for the basics of trademark protection, that being, the use in commerce of a distinctive mark. And those are two important components.
The first, using it in commerce. You must have used the mark in a particular way so as to have the consuming public recognize that you’re using it as trademark. Merely putting a slogan on the front of a t-shirt or on some other placard is not sufficient trademark use, and not something that will entitle you to trademark registration. So, it’s critically important that your use of that particular slogan is in such a way that qualifies for trademark registration and trademark protection. A qualified trademark attorney can definitely give you advice on that aspect.The second most important piece is use of a distinctive mark. Now, when I say distinctive mark, it must be something more than generic or merely descriptive. It must be something that is distinctive, meaning, suggestive, arbitrary, fanciful, or having acquired distinctiveness through use of a descriptive term over a long period of time or through significant advertising.
Now, acquiring a trademark for a slogan is something that people often try and do. However, they’re not always successful because they fail to satisfy those two requirements, the first being use of a distinctive mark, and the second being in United States interstate commerce, meaning across state boundaries.
So, ultimately, if you are looking to protect a slogan that you intend to use in connection with your business, you need to make sure you qualify for those two items. Once again, a trademark attorney who has registered trademark slogans in the past can give you the proper advice that you need. And it’s also important to recognize that a trademark is not the only way to protect a slogan. Oftentimes, a copyright is also something that can be pursued. A copyright attorney, like a trademark attorney, can give you the advice necessary in order to secure the necessary IP protection for your business.
So, once again, this has been Brian Hall answering your question of how to trademark a slogan.
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