Quick Answer: Is A Phrase Copyrighted?

Is a phrase trademarked or copyrighted?

A catch phrase is essentially a trademark.

A trademark is any word, name, slogan, design, or symbol used in commerce to identify a particular product and distinguish it from others.

But unlike copyrights, trademark rights don’t begin at the moment a word, symbol, or phrase is first scribbled on paper..

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.

Are Movie Quotes copyrighted?

Generally, a movie quote is not sufficiently original to stand on its own as a copyrightable work. However, a movie quote can receive protection in an infringement action while still not being independently copyrightable, as a movie script would be. quotes cannot be protected under rights of publicity.

How much does it cost to get a phrase trademarked?

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.

Do Us 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.

What can be trademarked?

A phrase, word, symbol, device, or even a color are all eligible for a trademark. Anything that distinguishes the goods of your party or company from another qualifies. However, the item must be used in a commercial setting to obtain protection from the law.

How do you check if a phrase is copyrighted?

To find copyrighted phrases, run an online search (but note that the U.S. Copyright Office lists registrations before 1978 exclusively in the Public Records at the Library of Congress). If you find no results, your search term is not registered in the database.

To register a trademark, go to the U.S. Patent and Trademark Office’s Web site, www.uspto.gov. Don’t add a domain extension to your trademark to prevent others from registering the same name by adding another extension.

How do you own a word?

Steps to Trademark a WordConsult a trademark attorney. Trademarking a word is a complex process, so talk to a trademark attorney early in your planning. … Check for eligibility. … Register domain names. … Establish ownership. … File an Intent to Use. … File a Trademark Application. … Pay the filing fee.

Is a phrase trademarked?

Phrases are subject to certain trademark rules. First, you must use the phrase in commerce, or intend to use it in commerce. That means that you must use it to sell some sort of goods or services. You can’t trademark a phrase just because you like it and don’t want anyone else to say it.

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.

Can you trademark a phrase already in use?

When you trademark a phrase, you protect the words that represent your product or service. … 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.

How do I trademark a US slogan?

How to Trademark a SloganGo 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.Submit your trademark application. Pay the filing fee.