Question: Can You Copyright A Phrase Or Saying?

How do I trademark a name for free?

You can not register a trademark for free.

However, you can establish something known as a “common law trademark” for free, simply by opening for business.

The benefit of relying on common law trademark rights is that it’s free, and you don’t need to do any specific work filling out forms, etc..

Can I trademark a name that already exists?

You’re not legally required to register your trademark to assert that you own it, and trademarks are actually strengthened by frequent use. … In this situation, you can register a trademark that already exists, and the U.S. Patent and Trademark Office offers a registration form for trademarks that are already in use.

Can I use a phrase that is trademarked?

By law, you need not request permission to use a trademark belonging to another if it is for an editorial or informational use. Trademark law protects distinctive words, phrases, logos, symbols, slogans, and any other devices used to identify and distinguish products or services in the marketplace.

If you have ever asked yourself how much does it cost to trademark a phrase, according to the current fee schedule on the USPTO, trademark registration fees cost $275 per mark per class. If you need an attorney’s assistance, the cost averages around $1,000 to $2,000.

Can you trademark a phrase on a T shirt?

Because a slogan or design silk-screened onto a T-shirt is not a trademark. … A trademark is any word, phrase, design or device that identifies the source of the goods identified by the mark. Don’t even attempt to register the trademark for a slogan or design that simply appears across the chest or back of tee-shirt.

Are Harry Potter quotes copyrighted?

Re: Copyright Infringement You can’t use quotes from Harry Potter. You can’t use anything from Harry Potter for commercial purposes (i.e. selling it).

Can two companies have the same slogan?

Just because a company has trademark rights, those rights do not absolutely prohibit anyone else from using the same name, logo, or tagline. … The same exact trademark you use can be used on a substantially different product or in a substantially different industry.

Do trademarks expire?

Unlike patents and copyrights, trademarks do not expire after a set period of time. … Once the United States Patent and Trademark Office (USPTO), grants a registered trademark, the owner must continue to use the trademark in ordinary commerce.

Copyright does not protect names, titles, slogans, or short phrases. … 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.

Names, titles, short phrases, slogans and sayings cannot be protected with the United States Copyright Office. Copyright protection only extends to original artistic works fixed in a tangible medium such as literature, music and motion pictures.

Should I trademark a slogan?

You Don’t Need a Trademark to Make a Slogan Your Own You can adopt a slogan for your brand without filing out a trademark application. If you want to keep others from using it, however, you should trademark the slogan.

Can you register a tagline?

Taglines such as “Think Green” or “Proudly Made in the USA” have been denied protection by the USPTO for being merely informational. … Accordingly, so long as a tagline or slogan is either inherently distinctive or has developed secondary meaning, a tagline is protectable as a trademark.

What words Cannot be trademarked?

What Can’t Be Trademarked?Proper names or likenesses without consent from the person.Generic terms, phrases, or the like.Government symbols or insignia.Vulgar or disparaging words or phrases.The likeness of a U.S. President, former or current.Immoral, deceptive, or scandalous words or symbols.Sounds or short motifs.

Can two companies have same name?

A company cannot have the same name as another registered company. Any company formation or change of name application containing a company name that is the ‘same as’ or ‘too similar’ to an existing name will be rejected by Companies House.

Can I patent a phrase?

The short answer is no, you cannot patent a phrase. Patent law does not offer protection to an inventor of a phrase. However, you can protect your phase under trademark law by trademarking it with the USPTO (United States Patent and Trademark Office).

How do I know if a phrase is trademarked?

Before you apply, you should search the USPTO’s trademark database (Trademark Electronic Search System, or TESS) to see if any trademark has already been registered or applied for that is: Similar to your trademark. Used on related products or for related services, and.

How do you legally protect a phrase?

You can trademark a phrase at the local level by applying at your state trademark office. To trademark a phrase locally, you must already be using the phrase publicly. You can apply for a nationwide trademark with the USPTO. With the USPTO you can apply with the “intent to use.”