Question: Can You Trademark A Phrase On A T Shirt?

Can a phrase be trademarked?

Common words and phrases can be trademarked if the person or company seeking the trademark can demonstrate that the phrase has acquired a distinctive secondary meaning apart from its original meaning.

That secondary meaning must be one that identifies the phrase with a particular good or service..

Avoid using logos, trademarks, and names of companies. iv. Do not use any photo, artwork, or caricature of a celebrity. Taking a celebrity’s picture and using that on a t-shirt by drawing it in your own way should be avoided.

Can you trademark generic words?

Generic terms can never receive trademark protection. … United States trademark law prevents trademark protection of generic terms because providing a generic term with trademark protection would be like granting a monopoly in the product.

How do you patent a phrase for free?

How to Trademark a PhraseStep 1: Conduct a Trademark Phrase Search. … Step 2: Fill Out the Trademark Phrase Application. … Step 3: Submit the Application and Pay the Trademark Application Fee. … Step 4: Respond Promptly to Office Actions or Other USPTO Correspondence. … Step 5: Wait for Your Trademark Registration to be Approved.More items…•

What does a trademark protects?

A trademark is a sign capable of distinguishing the goods or services of one enterprise from those of other enterprises. Trademarks are protected by intellectual property rights. … This implies that the trademark can be exclusively used by its owner, or licensed to another party for use in return for payment.

How do you tell if a phrase is trademarked?

To search the USPTO’s trademark database, go to TESS and choose a search option. If you are searching for a name, you can use the trademark name search. If you are searching a design mark, such as a logo, you will first need to look up your design code using the USPTO’s Design Search Code Manual.

Can you patent a phrase on a T shirt?

Design patents are administered by the U.S. Patent and Trademark Office (USPTO). … Put another way, you can patent the design of your T-shirt if it is manufactured in a way that makes it visually distinctive, or if you add design elements to the shirt after it is manufactured.

What words Cannot be trademarked?

However, you can’t trademark: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 you patent a saying?

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).

Can I use a trademarked 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 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.