Trademark
Trademark Application
Georgia
Can I trademark a slogan that includes a common word?
I am in the process of starting a small business and have come up with a slogan that I believe perfectly captures the essence of my brand. However, the slogan includes a common word that is used frequently in everyday language. I am unsure if I can trademark this slogan or if it would be considered too generic to receive trademark protection. I want to ensure that I am legally able to protect my slogan and prevent others from using it in a way that dilutes my brand or causes confusion among consumers.
Answers from 1 Lawyer
Answer
Trademark
Georgia
Meghan T.
ContractsCounsel verified
Hi! Trademarking a common phrase can be difficult. Trademark law prioritizes distinctive, unique marks that clearly distinguish goods or services. Generic, widely-used phrases often lack this distinctiveness, disqualifying them for trademark protection. However, a common phrase can acquire secondary meaning. This happens when it becomes so closely associated with a specific brand or product that it has unique significance in consumers' minds. For instance, if a phrase has been used extensively and exclusively for a product and is well-known, it might qualify for trademark protection. To increase the chances of successfully trademarking a common phrase, demonstrate secondary meaning. This involves providing evidence of: Long-term, continuous use of the phrase Significant marketing efforts to promote it Consumer recognition of the phrase as associated with your brand Distinct branding elements linked to the phrase The eligibility of a common phrase for trademark protection depends on specific circumstances and the jurisdiction.
People Also Asked
Trademark
Trademark Application
Texas
Can I trademark a phrase that is already being used by another company?
I recently came up with a catchy phrase that I believe would be a great brand name for my new business. However, upon conducting a search, I discovered that a different company is already using a similar phrase for their products. I'm wondering if it's possible to still trademark my phrase, considering the potential for confusion and infringement, or if I should come up with a different brand name altogether.
Sara S.
Short answer: probably not. It is best to consult with an experienced trademark attorney regarding this and the USPTO process for trademark usage.
Read 1 attorney answer>Trademark
Trademark Application
California
Can I trademark a phrase that includes a commonly used word?
I am an entrepreneur looking to start a clothing brand, and I have come up with a catchy phrase that I believe would be a great fit for my brand. However, the phrase includes a commonly used word. I am wondering if it is possible to trademark this phrase, considering the presence of the commonly used word, and what steps I would need to take in order to do so.
Dolan W.
Hello! Yes, you can trademark a phrase that includes a commonly used word, but there are specific considerations. In trademark law, the distinctiveness of the phrase as a whole is what matters. A commonly used word on its own might not qualify for trademark protection if it is way too generic or descriptive. However, when combined into a unique phrase that consumers could associate with your brand, it can become eligible for trademark protection. Here’s an example: Suppose your phrase is “Boldly You” for a clothing brand focused on self-expression. While “Boldly” and “You” are both commonly used words, the combination “Boldly You” is unique and could be distinctive enough for consumers to recognize it as representing your brand, especially if it isn’t merely describing the products directly. Nevertheless, make sure your phrase has a unique or distinctive character that is more than just descriptive of the clothing products you plan to sell.. Best of luck, Dolan
Read 1 attorney answer>Intellectual Property
Trademark Application
North Carolina
What are the fees for starting a nonprofit in North Carolina
I have been operating a ministry for helping prisoners that are released by way of podcast, but now we are growing and want to provide hygiene and other assistance for them as well. I have ran into issues with people wanting to donate but I am not operating as a nonprofit at this time. I am trying to accomplish this so I won't have to keep paying out of my pocket for the expenses.
Holly T.
You can look to NCnonprofits.org for basic info, but you are a growing content creator. You need help planning growth, content, releases and waivers, sponsorships and a trademark if you intend to grow this Podcast. TLCtrademarks loves advising content creators.
Read 1 attorney answer>Intellectual Property
Trademark Application
New York
Can I trademark a phrase that includes a common word?
I am in the process of starting a small business selling handmade jewelry, and I have come up with a catchy phrase that I want to use as my brand name. However, the phrase includes a word that is commonly used in the industry. I am unsure if I can successfully trademark this phrase, as I have heard that trademarks cannot be registered for generic or descriptive terms. I would like to know if it is possible to trademark this phrase and what steps I need to take to ensure the best chance of success in the trademark application process.
Damien B.
Hello! This is Attorney Damien Bosco. My law office is in Forest Hills, Queens County, New York City. My practice covers the New York City metropolitan area and Long Island. In some situations, I also handle matters throughout New York State. If your phrase contains common jewelry terms, registering it may be challenging. One suggestion is to check the USPTO Database for similar trademarks. If other businesses have brands using the same common word in their brand name, that could give an indication that you may still be able to use it in your brand name. Nonexclusive use means that the word or phrase can be used by other parties and is not solely owned or controlled by the trademark holder. Consult with a trademark attorney for guidance on the registration process and the viability of your chosen phrase.
Read 1 attorney answer>Trademark
Trademark
Florida
I need help with a start up lawyer for a business
I plan on opening an indoor gun range in South Florida and need a lawyer with experience in this field.
Roman V.
Hello, I'd be glad to help with the trademark registration for your new business to protect the name, logo, or slogan associated with it. I am a US licensed trademark attorney and run my own trademark practice dedicated to all aspects of trademark protection. I have worked with clients in various industries, including software, hardware, manufacturing, food/beverage, e-commerce space, professional services, and many others. I offer a flat rate package of $700 per trademark filing (plus USPTO fees which are $250-350 per class), which includes all of the below. Search fee: $350 • a trademark search and clearance report to identify any potentially similar marks that would block a USPTO application • covers USPTO database, state registries, domain databases, social media sites, and general internet search for potentially conflicting registered trademarks (live or dead), and common law mark) • also includes follow up consultation with me to review and answer questions on the report Filing legal fee: $350 • draft and file the trademark application with the USPTO • includes drafting all applicable classes (client can choose which to include) • responses to minor USPTO office actions • likelihood of confusion and descriptiveness refusals are separate fee, based on details of the office action USPTO fees: • $250/class if you choose the USPTO pre-approved class descriptions (most of the time, this covers the client's products/services • $350/class if you write your own class description for unique products/services If you have any questions about the proposal or trademark process, I would be glad to set up a free 15 minute call to answer any initial questions. Thank you for your consideration.
Read 1 attorney answer>