Quick Answer: Can You Own A Saying?

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 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.

Can I use quotes on t shirts?

Quotes are generally safe to use of they exist in the Public Domain. These are works for which copyright protection has expired. If it’s documented as existing in the Public Domain, you’re generally safe to use it in your own original works of art such as a printed quote on a tee.

Basic Facts: Trademarks, Patents, and Copyrights Must all trademarks be registered? No, registration is not mandatory. You can establish “common law” rights in a mark based solely on use of the mark in commerce, without a registration.

How much does a slogan cost?

Trademark Cost Trademarking a slogan comes with the same fees as other trademarks. The cost will range from $225 to $400 dependent on the TEAS form you use. The price is inversely related to strictness of the requirements you must meet. You’ll see the lowest fees with the TEAS Plus application which is $225 per class.

How do you buy a 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.

Names, titles, short phrases, slogans and sayings cannot be protected with the United States Copyright Office. … However, as long as the saying is not generic, it may be protected with the United States Patent and Trademark Office.

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.

Go to the U.S. Copyright Office website. Select “Electronic Copyright Registration” to fill in the Form VA online for registration of a work of Visual Arts. Name the creator of the logo and include contact information for the owner. Many logos are works for hire.

Can I use someone else’s 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.

How do you legally own a phrase?

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…•

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 trademark at shirt slogan?

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 own a slogan?

If you decide you want to protect your slogan or catchphrase as intellectual property, you will need to apply for a trademark. This application is submitted to the United States Patent and Trademark Office. … You will also fill in the product class that depicts the type of business that you are using the slogan for.

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.

How do I protect my brand name?

Protect Your Brand Name in 5 StepsRegister your domain name. Domain names are an important part of any business brand today. … Trademark your business name and logo. … Use your brand. … Monitor your brand. … Deal with infringement immediately.

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 I trademark a phrase already used?

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.