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Does anyone know about doing this?
trademarking slogans
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It looks like I can only do a logo there. And I have been researching since and only found not-so-good info on trademarking slogans. It looks like if they are a brand nae or have a secondary meaning to the product, then you can. Or if you put the words with a logo or picture, but then you can only protect it in that form. Someone could still come and use the slogan. Is there something I am missing?
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Slogans aren't trademarked they are copyrighted.
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Everything I read said that copywrighting is for things like books, poems, and one site I found specifically said not for slogans.<br>
If you go to jacksmagicbeanstalk, they have slogans that they say are trademarked. They also say their designs are too but I wonder if they are just saying that they TMed the whole thing in which case you could use the slogan just not with the design. I went to that link and it said nothing of slogans. Let's figure this out!
If you go to jacksmagicbeanstalk, they have slogans that they say are trademarked. They also say their designs are too but I wonder if they are just saying that they TMed the whole thing in which case you could use the slogan just not with the design. I went to that link and it said nothing of slogans. Let's figure this out!
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Some sources of information. Just search for the word slogan on the page:<br><br><a href="http://www.nolo.com/lawcenter/ency/article.cfm/objectid/AAC160F3-CCDC-4C4A-9A92BB0A62CCF8DC" target="_blank">http://www.nolo.com/lawcenter/ency/a...92BB0A62CCF8DC</a><br><br><div style="margin:20px;margin-top:5px;">
<div class="smallfont" style="margin-bottom:2px;">Quote:</div>
<table border="0" cellpadding="6" cellspacing="0" width="99%"><tr><td class="alt2" style="border:1px inset;">Trademark protects distinctive words, phrases, logos, symbols, slogans and any other devices used to identify and distinguish products or services in the marketplace.</td>
</tr></table></div>
<br><a href="http://www.copyright.gov/help/faq/faq-protect.html" target="_blank">http://www.copyright.gov/help/faq/faq-protect.html</a><br><br><div style="margin:20px;margin-top:5px;">
<div class="smallfont" style="margin-bottom:2px;">Quote:</div>
<table border="0" cellpadding="6" cellspacing="0" width="99%"><tr><td class="alt2" style="border:1px inset;">Copyright does not protect names, titles, slogans, or short phrases. In some cases, these things may be protected as trademarks. Contact the U.S. Patent & Trademark Office, 800-786-9199, for further information. However, copyright protection may be available for logo artwork that contains sufficient authorship. In some circumstances, an artistic logo may also be protected as a trademark.</td>
</tr></table></div>
<div class="smallfont" style="margin-bottom:2px;">Quote:</div>
<table border="0" cellpadding="6" cellspacing="0" width="99%"><tr><td class="alt2" style="border:1px inset;">Trademark protects distinctive words, phrases, logos, symbols, slogans and any other devices used to identify and distinguish products or services in the marketplace.</td>
</tr></table></div>
<br><a href="http://www.copyright.gov/help/faq/faq-protect.html" target="_blank">http://www.copyright.gov/help/faq/faq-protect.html</a><br><br><div style="margin:20px;margin-top:5px;">
<div class="smallfont" style="margin-bottom:2px;">Quote:</div>
<table border="0" cellpadding="6" cellspacing="0" width="99%"><tr><td class="alt2" style="border:1px inset;">Copyright does not protect names, titles, slogans, or short phrases. In some cases, these things may be protected as trademarks. Contact the U.S. Patent & Trademark Office, 800-786-9199, for further information. However, copyright protection may be available for logo artwork that contains sufficient authorship. In some circumstances, an artistic logo may also be protected as a trademark.</td>
</tr></table></div>
This thread is old, but I wanted to briefly comment that we just trademarked our name (no slogan). We are in FL and it cost us $335.00. The legal fee would have been $500.00 but good ol' Mom did it for us. <img alt="" class="inlineimg" src="http://www.mothering.com/discussions/images/smilies/smile.gif" style="border:0px solid;" title="smile"> It is likely different in other states, but this was our experience.
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So here is where I still get confused: Very clearly you cannot copyright a slogan, it says that everywhere I look. And the prob w/ TMing a slogan is that it has to have a secondary meaning to your product. It's like people have to associate that second meaning with you product. Like Coke has 'can't beat the real thing'. A slogan yes, but not exactly the kind of thing I am putting on my shirts. My slogans don't hold this second meaning to a larger product.<br>
I also read somewhere that you aquire common law right to a slogan but then someone could come along and use it also, just not sell it in your home state.<br>
Somewhere else also said to just put a TM by it even if it isn't registered.<br>
I wrote Jacks Magic B.S. about how they went about it over three weeks ago, no response.... <img alt="" class="inlineimg" src="http://www.mothering.com/discussions/images/smilies/headscratch.gif" style="border:0px solid;" title="headscratch"><img alt="" class="inlineimg" src="http://www.mothering.com/discussions/images/smilies/shrug.gif" style="border:0px solid;" title="shrug"><br>
Anyhow, from what I have seen in the advocacy world is that there don't seem to be any copycats. People change things ever so slight by pluralizing or adding to the original slogan. Yet it is still a fear of mine. I know ideas can't be owned but the rights to use them can. I'm not sure if it makes this country more homogonized that way or if it is a good thing. Hard to know.
I also read somewhere that you aquire common law right to a slogan but then someone could come along and use it also, just not sell it in your home state.<br>
Somewhere else also said to just put a TM by it even if it isn't registered.<br>
I wrote Jacks Magic B.S. about how they went about it over three weeks ago, no response.... <img alt="" class="inlineimg" src="http://www.mothering.com/discussions/images/smilies/headscratch.gif" style="border:0px solid;" title="headscratch"><img alt="" class="inlineimg" src="http://www.mothering.com/discussions/images/smilies/shrug.gif" style="border:0px solid;" title="shrug"><br>
Anyhow, from what I have seen in the advocacy world is that there don't seem to be any copycats. People change things ever so slight by pluralizing or adding to the original slogan. Yet it is still a fear of mine. I know ideas can't be owned but the rights to use them can. I'm not sure if it makes this country more homogonized that way or if it is a good thing. Hard to know.
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<a href="http://inventors.about.com/cs/trademarkbasics/ht/Use_Trademarks.htm" target="_blank">http://inventors.about.com/cs/tradem...Trademarks.htm</a><br><br><div style="margin:20px;margin-top:5px;">
<div class="smallfont" style="margin-bottom:2px;">Quote:</div>
<table border="0" cellpadding="6" cellspacing="0" width="99%"><tr><td class="alt2" style="border:1px inset;">The tm symbol represents an unregistered trademark. The sm symbol represents an unregistered service mark. Both are informal notification that there is a public claim as a trademark or service mark.<br><br>
The registration symbol ® tells the public that the mark is federally trademark registered and protected. Using the ® without being federally trademark registered would be fraud.</td>
</tr></table></div>
<div class="smallfont" style="margin-bottom:2px;">Quote:</div>
<table border="0" cellpadding="6" cellspacing="0" width="99%"><tr><td class="alt2" style="border:1px inset;">The tm symbol represents an unregistered trademark. The sm symbol represents an unregistered service mark. Both are informal notification that there is a public claim as a trademark or service mark.<br><br>
The registration symbol ® tells the public that the mark is federally trademark registered and protected. Using the ® without being federally trademark registered would be fraud.</td>
</tr></table></div>
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