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I have a saying that I want to protect. I will make my own merchandise with it. I want to have sole rights to it and protect it from others trying to make money off it. How can I do that?
6 ANSWERS
Usually, a saying or phrase cannot be copyrighted or trademarked. However, a unique design that incorporates the saying may be copyrightable. And if the saying comes to be identified as representing the products or services of a particular company, it may qualify as a trademark. Example: Nike has used the phrase "Just Do It" often emough that when people read or hear it, they automatically think of Nike products.
Answered on Sep 17th, 2013 at 2:48 AM
Appellate Litigation Attorney serving Boston, MA
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Banner & Witcoff, Ltd.
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Slogans also known as "sayings" must be tied to products or services to qualify for protection as a trademark or a service mark. Slogans cannot be protected by the patent laws. Slogans cannot be protected by copyright laws. Examples "Where's the beef?" a slogan for Wendy's hamburgers in the 1990's. "Don't leave home without it" a slogan for the American Express Card still used today. "The Breakfast of Champions" a slogan for Wheaties cereal still in use today.
Answered on Sep 16th, 2013 at 3:32 PM
You can register it as a trademark. Since you haven't used it in commerce yet, you should register for intent to use. You will need to select a class etc. and should perform a trademark search to verify that it has not already been registered.
Answered on Sep 16th, 2013 at 3:32 PM
Intellectual Property Attorney serving South Jordan, UT
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Pearson Butler
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Federal trademark registration is a good way to protect a phrase that you want to associate with merchandise that you sell.
Answered on Sep 16th, 2013 at 3:30 PM
Intellectual Property Attorney serving Portland, OR
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Mohr Intellectual Property Law Solutions, P.C.
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You will want to secure a federal trademark registration directed to your saying and the merchandise you intend to associate with it.
Answered on Sep 16th, 2013 at 3:10 PM
Intellectual Property Attorney serving Southfield, MI
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Gerald R. Black
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For some unknown reason, as a general rule the U.S. Copyright Office refuses to issue a copyright for an advertising slogan. However, the slogan can obtain copyright protection under common law. Also, you should consider trying to obtain trademark protection for the slogan. You should seek the advise of counsel.
Answered on Sep 16th, 2013 at 2:49 PM