Quick Answer: Can I Use Someone Else’S Slogan?

What phrases can be trademarked?

Phrases eligible for trademark registration include catch phrases, taglines, slogans, and mottos.

A catch phrase is an expression commonly used by a real or fictional person.

This kind of phrase can be an important part of marketing your product or service..

How much does it cost to trademark a tagline?

How much does Trademarking cost? The IP Australia Trademark application and registration fee is $400 per Class (effective 1 October 2020), with registration lasting for 10 years.

The answer is yes – a catchphrase can be trademarked, but only for the protection of its use in connection with a particular product or services. … The mere act of speaking a catchphrase isn’t, on its own, an act of commerce, so a trademark wouldn’t cover or protect you from someone else just saying your phrase.

What are some catchy slogans?

8 of the Best Catchy Slogan Examples We Can All Learn FromLas Vegas – “Whatever happens here, stays here” … Nike – “Just do it” … De Beers – “A Diamond Is Forever” … Maybelline – “Maybe she’s born with it, maybe it’s Maybelline” … Skittles – “Taste the rainbow” … Mastercard – “For everything else, there’s Mastercard” … California Milk Processor Board – “Got Milk?”More items…•

Can I put a quote on a shirt and sell it?

Quotes are considered intellectual property, which is protected under the law. This means that if you’re not a quote’s original author and you want to SELL something with the quote on it, one of two things must be true: … You have the author’s written permission to use their words on your work.

Is Nike Just Do It trademarked?

We all recognize this logo. It goes with three little words – JUST DO IT. Last week, the Trademark Trial and Appeal Board (TTAB) held that Nike’s slogan JUST DO IT is a famous trademark and refused to register the mark JUST DREW IT! for various types of athletic apparel.

What Cannot be a trademark?

Not having a distinctive character A trademark which does not possesses a distinctive character which can differentiate the goods or services from others. It means a brand name which is already registered or applied for registration, cannot be trademarked. It can create confusion among consumers.

What is a catchy phrase?

1 : a word or expression that is used repeatedly and conveniently to represent or characterize a person, group, idea, or point of view. 2 : slogan sense 2.

What is the best slogan?

What Are the Best Advertising Slogans of All Time?Coca-Cola – Open Happiness.L’Oreal – Because You’re Worth It.M&Ms – Melts in Your Mouth, Not in Your Hands.De Beers – A Diamond is Forever.Wheaties – The Breakfast of Champions.Dunkin’ Donuts – America Runs on Dunkin’Verizon – Can You Hear Me Now?More items…•

What is a good slogan?

According to our pals Merriam and Webster, a slogan is “a word or phrase that is easy to remember and used by a group or business to attract attention.” It is also defined as “a brief attention-getting phrase used in advertising or promotion.” Here’s the gist of it: a good advertising slogan is simple, easy to remember …

How do I know if a slogan is copyrighted?

Go to the United States Patent and Trademark Office (USPTO) website. Check the Trademark Electronic Search System (TESS) database. Make sure the slogan isn’t already registered in the same category.

How do you get a slogan trademarked?

Businesses can register a combination of words (e.g. a campaign slogan) as a trade mark. It must, however, be capable of distinguishing the applicant’s goods and services. IP Australia can reject an application if the mark is generic, descriptive or lacking in its distinctive character.

Can a slogan be patented?

Unfortunately, slogans cannot be patented because they are not the type of intellectual property that can be patented. Patent law only protects new inventions, processes, and designs, it does not offer protection to slogans. Your best option to protect a slogan is registering it as a trademark with the USPTO.

Can you print famous quotes on shirts?

Famous Quotes Although not all quotes are legally protected, when using quotes from famous figures in t-shirt designs it’s best to quote the person who originally said it. Just give them their credit, even if it’s in super tiny print, or in the product description on your website.

Can I use a trademarked logo on a shirt?

Trademarks or copyright can protect logos, and both forms of intellectual property protection restrict how others may use the logo. … Selling shirts with copyrighted images isn’t impossible, but you should never use someone else’s logos on your T-shirts or other clothing without their explicit permission.

Should I trademark a slogan?

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.

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.

Can you trademark a single word?

What Can Be Trademarked? Phrases, words, symbols, sounds, and even colors are all eligible for trademark protection. Anything that identifies your brand and is used to distinguish your company or goods/services from other companies can be trademarked.

Can you trademark generic words?

What can be considered generic words? Generic words and terms generally cannot be trademarked in Australia if they are common words that identify objects not specific to any particular source or are capable of distinguishing the product or services from other products or services.

Can you patent a phrase on a T shirt?

Patents do not apply to phrases. … For copyright, whether the phrase is creative enough, and long enough, to warrant copyright protection Generally a t-shirt phrase is not, although the overall image might be. For trademark, whether the phrase is a “source identification” or not.