QUESTION
Can a phrase be trademarked or has this trademark owner simply trademarked her brand?
Asked on Mar 01st, 2014 on Patents - Utah
More details to this question:
After an inquiry of the United States Patent and Trademark Office site, a search returned a trademark on "Wife of a Hero". It is my general understanding a trademark is for the purpose of identifying goods or services as being from a particular source. Uniquely, "Wife of a Hero" is a phrase used universally since post 911. Wives of hero's for officers, military personnel, firefighters, etc. This questions pertains to handmade jewelry, and the phrase being incorporated into such jewelry. The owner of the trademark is contacting and threatening a multitude of artists who stamp this phrase. Is this a legitimate claim?
1 ANSWER
Intellectual Property Attorney serving South Jordan, UT
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Pearson Butler
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If use of a protected brand is likely to be interpreted by the consuming public as being a source identifier, then it is a problem, if not, then not. So much depends on how the words are showing up on the jewelry, so it will be a different analysis for each piece of jewelry.
Answered on Mar 05th, 2014 at 9:23 AM