Category: Relationships and Society
Asked by: mnitzani-ga
List Price: $5.00
02 Aug 2004 00:58 PDT
Expires: 01 Sep 2004 00:58 PDT
Question ID: 382284
Where do I go to Trademark a phrase and how much does it cost? Is it feasible?
Re: Trademarking Phrases
Answered By: siliconsamurai-ga on 02 Aug 2004 07:47 PDT
Hi, thank you for asking Google Answers. Yes, you can trademark a word or phrase in the U.S. quite easily. For example, you may have seen recent TV ads where one camera maker claims it is ?The Official Digital Camera of The Internet.? Actually, there is no such thing, but they trademarked the phrase. Donald Trump is currently trying to trademark ?You?re fired.? That doesn't mean you can't use the phrase in a document, but you can't produce T-shirts and other logo items with the phrase if he succeeds. To establish a trademark you can go to the US Patent and Trademark Office Web Site: http://www.uspto.gov/ There you can search for trademarks currently in effect and apply for yours. http://www.uspto.gov/teas/index.html You can charge the application fee to a credit card or make an electronic transfer. The filing fee should be $ 335.00 and will probably be non-refundable so don't skip the step of checking if the phrase is already registered. You can also trademark anything not already trademarked by merely using it that way, this is similar to copyright which you gain by merely publishing something, but this is a guide to gaining an official "registered" trademark. ?The U.S. Patent and Trademark Office uses this definition for trademark: "A TRADEMARK is either a word, phrase, symbol or design, or combination of words, phrases, symbols or designs, which identifies and distinguishes the source of the goods or services of one party from those of others. A service mark is the same as a trademark except that it identifies and distinguishes the source of a service rather than a product." Furthermore, "a mark for goods appears on the product or on its packaging, while a service mark appears in advertising for the services." Whether this is a good idea or not depends on what you want to do with the trademark, for example, are you selling T-shirts or bumper stickers with the phrase? It can also be a good idea to trademark an unusual and particularly catchy business name. Many countries will totally ignore your trademark ? intellectual piracy is rampant in China, Russia, and other Asian countries. Google search phrase: trademark phrase ://www.google.com/search?sourceid=navclient&ie=UTF-8&oe=UTF-8&q=trademark+phrase See: http://www.soyouwanna.com/site/syws/trademark/trademark3.html You can get additional help from: TrademarkAssistanceCenter@uspto.gov 703-308-9000 I hope this answers your question. Please understand that this is not intended in any way to provide legal advice or take the place of legal advice from a qualified lawyer.
Re: Trademarking Phrases
From: ipfan-ga on 02 Aug 2004 08:02 PDT
In the United States and many foreign countries, you ?trademark? a phrase simply by using it in commerce on goods or associated with services. For example, if you make golf clubs and you want to trademark the phrase, ?The Best Swing of Your Life,? all you need to do is place the phrase onto the clubs somewhere (the head, the shaft, the grip) and voila, you have created a trademark. Similarly, if you sell life insurance (a ?service,? as opposed to golf clubs, which are ?goods?), to create a ?service mark? for your brand of life insurance services, just take the phrase, e.g., ?We Take Your Life Seriously,? as place it on advertising, brochures, your web site, etc., and you have created a service mark for your brand of life insurance. Note that this all holds true even if you also develop and use a non-phrase trademark or service mark for your golf clubs or your life insurance. For example, if your main brand name (trademark) for your golf clubs is, e.g., ?Blaster,? you create a trademark as soon as you put the mark ?Blaster? on the clubs?-you can still have trademark rights in the phrase as well, as long as you use it on the clubs, too. Note that accruing rights in a mark (either a trademark or service mark) through use is different than registering the mark. The United States and most foreign countries have a process whereby you can secure a ?registration? for a mark AFTER you have begun using it. So, yes, you can ?trademark? a phrase by using it as a trademark, and then you can thereafter try to register it. No tradeamrk rights accrue simpy by filing a registration applcication. All of this assumes that the phrase you wish to use does not infringe on someone else?s prior trademark or service mark rights. For example, I think if you wanted to use the phrase, ?It?s the Real Thing? on your line of soft drinks, the Coca-Cola people would certainly object. That is why you need to do some thorough searching before you begin using your phrase as a mark.
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