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Unread 09-27-2007, 03:43 PM
 
Location: Raleigh
279 posts, read 710,364 times
Reputation: 188
Default How do I patent/trademark a slogan?

I am trying to secure a slogan I have for a pending business and don't know if I can. I know copywriting doesn't include a phrase, which I would interpret as a slogan and trademarks are usually designs...is there anything out there to protect a slogan?
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Unread 09-27-2007, 04:44 PM
 
Location: Penna
520 posts, read 380,444 times
Reputation: 841
To "copywrite" dated/printed, material all one needs to do is mail said copy of dated material to oneself and leave it unopened.
Muse
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Unread 09-27-2007, 06:23 PM
 
2,199 posts, read 4,665,100 times
Reputation: 1638
Slogans, tag lines, wordmarks and salesmarks are all trademarkable. You'll need to do a trademark search or hire someone to do it for you to make sure it's eligible and not already in use. Once you know it's clear, you fill out an application and pay your fee. You can start using the pending mark right away; you'll receive an official letter when your trademark is approved and then you can use the register mark.

To copyright written material, file an application with the Library of Congress. It's inexpensive and it affords you full legal protection. If it's something that matters or might someday be open to legal scrutiny, I would go through the proper channels. If you ever have to defend a copyright, you'll need all the protection you can get. I learned this one the hard way. Good luck!
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Unread 09-28-2007, 12:27 AM
 
Location: Sandpoint, ID
2,603 posts, read 5,183,286 times
Reputation: 1633
To check the USPTO database, start here:
Trademark Electronic Search System (TESS)

You'll want to check classification. See, you can use a slogan in specific categories relevant to your "good or service":
Trademark Electronic Search System (TESS)

But someone else can trademark it for their shirts:
Trademark Electronic Search System (TESS)
...now it just happens that Verizon also owns it. But a DIFFERENT company could have trademarked that phrase in a different category.

For example, someone who produces a hearing device could trademark that phrase, and shouldn't run into a problem with "brand dilution" of the Verizon slogan. If it's too close, then the trademark application will normally be rejected by the USPTO office.
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Unread 09-30-2007, 11:00 AM
JMX
 
Location: Somewhere unloading worthless FRN's
313 posts, read 736,734 times
Reputation: 382
What you're describing could be either a trademark or service mark. Trademarks are used to distinguish products or brands, while service marks are used to distinguish services.

You don't really have to do anything other than start using the slogan in the marketplace. Just place a small TM or SM after the slogan. Filing is optional, but it does provide you extra protection so it is worthwhile.

Here in Arizona, you would file a form at the Secretary of State's office. Pretty simple really. Your state may be different.

File with the USPTO office if you want/need federal protection of your mark. Once the USPTO office approves your application, then you can start using the circled-R symbol to indicate that your slogan is a registered trademark or service mark.

Trademark FAQ
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Unread 09-30-2007, 08:53 PM
 
Location: Weston, FL
2,800 posts, read 8,189,336 times
Reputation: 1787
Just remember that you can do this yourself. I did. The other posters gave excellent advice. Go to the US patent office after you have done your search. You will be asked for graphic/font/specifics about the slogan - PM me if you need some help. Do make very certain no other entity is using the same slogan. Good luck to you.
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Unread 01-29-2008, 12:10 PM
 
1 posts, read 23,076 times
Reputation: 10
Cool I need to secure a slogan

Quote:
Originally Posted by Stu Barnes View Post
I am trying to secure a slogan I have for a pending business and don't know if I can. I know copywriting doesn't include a phrase, which I would interpret as a slogan and trademarks are usually designs...is there anything out there to protect a slogan?
Please tell me how I can secure a slogan that I have.
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Unread 01-29-2008, 02:25 PM
 
642 posts, read 1,494,485 times
Reputation: 342
Why are you trademarking the slogan? So that someone can't prevent you from using it or to prevent someone else from using it? If the latter, you need to consider whether you have the financial means to enforce the trademark through legal action.

As far as establishing the trademark, JMX is right that you can just start putting TM next to your slogan. That's an unregistered trademark. But an unregistered trademark may not be recognized in all jurisdictions.
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Unread 02-16-2011, 05:53 PM
 
1 posts, read 12,797 times
Reputation: 12
i have a slogan that i want to put on hats and t shirts but i dont know how to protect my self i have read all of the post but still confused
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Unread 12-02-2011, 03:21 PM
 
1 posts, read 9,048 times
Reputation: 11
Default Please help

Quote:
Originally Posted by jhlcomp View Post
Just remember that you can do this yourself. I did. The other posters gave excellent advice. Go to the US patent office after you have done your search. You will be asked for graphic/font/specifics about the slogan - PM me if you need some help. Do make very certain no other entity is using the same slogan. Good luck to you.

Hi I'm also trying to trademark a slogan or tag line for a brand. Please let me know the way to go.

Thanks so much for your time. I also want to trademark a jean brand, real estate name, etc. Is there a fee for each name?

Lastly if the tag line goes with the Jean brand do I have to TM them both?

Thanks in advance for our advice
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