# Can you trade mark a phrase?



## Buechee

Can you trade mark a phrase? I got a new catalog from one of my wholesalers. On the back they have some common phrases and they put the R or TM by them. What did they trademark. I did not think you can trademark phrases or copyright common phrases. Am I wrong here?


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## jjohnson

*Re: Trademark ?*

They may have trademarkled the phrase in that font or something like that. You can trademark just about anything but there are limitations on how you trademark it...or of course they could have just put the TM/R on there.. there's no law against that so... who knows...


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## Buechee

*Re: Trademark ?*

I know you can just put the mark on. I don't think they trademark the font. The font is plain text. I think it's that they just put it on. Which is something I knew and just didn't think of.


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## Rodney

*Re: Trademark ?*



Buechee said:


> Can you trade mark a phrase? I got a new catalog from one of my wholesalers. On the back they have some common phrases and they put the R or TM by them. What did they trademark. I did not think you can trademark phrases or copyright common phrases. Am I wrong here?


Yes, you can trademark a phrase if you can prove the phrase is also a BRAND.

"just do it" is a phrase, but it's also trademarked by Nike because it is a mark of their "brand".


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## Comin'OutSwingin

The Nike tagline is a great example.

Before they trademarked it, they used it abundantly in their advertising, and on their product packaging.

Of course, there were millions of people that uttered the phrase "just do it" before Nike decided to use it, but by using it the way they did, they were able to register the trademark as part of their brand.

So, on your catalogs, the company may be trying to gain ownership of a said phrase as part of their brand, much the same way Nike did.

In order to do that, you have to use it, and claim ownership of it, which it seems like what you're describing.


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## MoustacheKC

Here's my understanding (not a lawyer):

Yes, they can. A trademark is simply a public notice to others that the company is asserting exclusive rights to whatever it is they are trademarking. In general, anyone can add a trademark symbol to any word/phrase/art/etc. any time for any reason. However, if a conflict were to arise over two businesses in the same industry in an overlapping location were using the same name or phrase, the business that used the TM symbol first (and had the most legitimate business need for its use) would be able to claim exclusive rights.

In the case of the Nike, I believe their phrase is registered trademark. A registered trademark provides notice that the company has formally applied for (with the US government), and been granted exclusive rights to the mark. Only a legally registered trademark can be represented by the ® symbol, and even then it must be renewed after a number of years to continue enjoying the legal protection a registered trademark provides.


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## beastapparel

Yes, you can but you will have to specify what class of items you want to use the trademark for. For instance, if you want to use it for t-shirts, shorts, hooded sweatshirts and etc. That is considered 1 class (of similar items). If want to trademark the phrase for bags, shoes etc. those items would be considered a different class(actually 2 classes). Meaning, you would have to pay a fee for each class. So you have companies out there cannot (or will not) pay the fees for each class of items that they use their trademarks on. However, those that do that take the risk of their phrase being used or redistributed on unprotected items. I believe the application fee is $350. United States Patent and Trademark Office Home Page
You probably want to search the database and see if the mark is already in use and then apply accordingly.


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## Buechee

I see. So what was a common phrase can now belong to some one. I did not know that. So anyone can just take a phrase and say it belongs to them? That's not good. Maybe I should just start doing the same, lol.


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## Comin'OutSwingin

Remember, though, that you must demonstrate that the phrase is part of your brand.

You can't just do taking well-known phrases, and try to get trademarks for them. You will be out of a lot of money, because they will get denied!!!

The best way to demonstrate it is through use. 

Nike didn't just trademark "Just Do It." before they started using it. They used it everywhere. Then they were able to show the USPTO that "Just Do It." was part of the Nike brand.


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## bastardnfriends

Yes, you can definitely trademark a slogan/phrase. We trademarked "Don't be a bastard." Make sure you see a trademark/copyright lawyer to guide you through the process. They'll search various Databases and provide you feedback on exact or similar matches. From there you'll be able to determine whether or not you can or should still use that particular slogan/phrase associated with your company/brand. Thereafter, they'll file the paperwork to file with the USPTO. Also, check out their website if you're thinking about trademarking (United States Patent and Trademark Office Home Page). You'll be able to view trademarks/copyrights and if they're live or dead marks.


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## expressyourshirt

I'm new here and also was wondering this same question. So If I use a phrase someone else is using it's ok if that person/company didn't trademark it?


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## sarahlynnsmile

You can use the phrase if it not trademarked, but if you trademark it yourself you cannot keep someone from using it if they have prior use. I would look up trademark law on the USPTO.gov website regarding what constitutes prior use in commerce. I have two trademarked phrases and did all the original filings, extensions and ammendments myself (saving several thousand dollars in attorney fees). The call center for the USPTO was helpful as well. As I have posted on the forum before make sure you file for the right class of goods as not doing this correctly will not protect your trademark (there is a seperate filing fee for each class).


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## BadBoysFF

They can't really trademark a phrase unless it is completely unique to their product. Like...MMM good! [Cambel Soup etc}. They can not trademark things like: "the grass is always greener"


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## Rodney

BadBoysFF said:


> They can't really trademark a phrase unless it is completely unique to their product. Like...MMM good! [Cambel Soup etc}. They can not trademark things like: "the grass is always greener"


Actually, "Life is Good" is a common phrase that is also trademarked. So it _is_ possible to take a common phrase and make trademark it as part of a brand.


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## wildpat

How about quotes, I see people printing quotes all the time, but can you take someones quote and trademark it?


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## Rodney

wildpat said:


> How about quotes, I see people printing quotes all the time, but can you take someones quote and trademark it?


It depends  

Some quotes are copyrighted (like as part of a movie script or song lyric), others may not be.

Some quotes are famous and may have been trademarked for use on products for sale.

You can do more research on it by looking on the copyright and trademark websites (links are over to the left under "Resource") and by searching the forum for copyright quotes.


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## manna1111

Rodney said:


> Actually, "Life is Good" is a common phrase that is also trademarked. So it _is_ possible to take a common phrase and make trademark it as part of a brand.


So was "life is good" trademarked first or was it used first then trademarked after the phrase caught on? If the latter, when do you know when its a good time to start a trademark? Do you need to trademark your business name as well? These forums are so helpful thanks!!


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## Rodney

> So was "life is good" trademarked first or was it used first then trademarked after the phrase caught on?


You would have to look at their website and research the trademark database to view when they started and when they applied for the trademark.

But I'm certain that people said "life is good" way before they started their t-shirt company 



> If the latter, when do you know when its a good time to start a trademark?


When you decide you're ready. Some people never trademark. Some people do it before they start selling.

The trademark office usually asks for a specimen or proof of "use in commerce", so it might be helpful to actually start selling first. That might be a better question for a trademark attorney.

When I started, my focus was just on getting my t-shirts out there. I had no idea if my idea was a flop or not. People told me to register a trademark, but I didn't want to spend the money or worry about the process.

So I just sold t-shirts with my "brand" for years and then after I had been selling for several years, I decided to go through the trademark process. Initially my trademark was denied because trademarks don't usually cover "slogans" or "phrases", so I had to prove that my slogan was also a "brand" and that I had been using the brand in commerce for years.

That's just what I did though. Different people do things differently. Some people are so nervous about theft that they don't want to sell anything or talk about their idea before they have their trademarks in place. 



> Do you need to trademark your business name as well?


You don't *need* to trademark anything, really  But if you want to be able to sue people for using your company/brand name in an effort to get them to stop, then yes, you would want to trademark your business name.

There's lots of topics and discussions about trademarks/copyrights/etc in the forum that can be found by using the search box at the top of the page that go into these things in more depth.

trademarks related topics at T-Shirt Forums
copyrights related topics at T-Shirt Forums


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## expressyourshirt

I see "pimpin ain't easy" is trademarked


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## expressyourshirt

If someone did use a phrase that has been trademarked can that person be sued immediately? Or would that person have to be warned to stop using/selling that design before they can be sued?


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## Comin'OutSwingin

If they owner of the trademark wants to sue you, then yes, they can choose to sue you without sending a warning, which is usually a cease and desist.


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## gmille39

Buechee said:


> Can you trade mark a phrase? I got a new catalog from one of my wholesalers. On the back they have some common phrases and they put the R or TM by them. What did they trademark. I did not think you can trademark phrases or copyright common phrases. Am I wrong here?


When the Bull's won their third straight championship, Pat Riley either trademarked the phrase "threepeat". I believe it was a trademark.


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## BigPermInc

i have always wondered that! Is there a place to look?


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## Comin'OutSwingin

Yes. Look at the left menu bar under "Resources", and you'll see the link to search the trademark database.


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## jaycen29

Hey everyone..im trying to figure out what i need to do to trademark my name before I start selling my products in order to protect them. Im getting a lil confused by it all, so here are a few questions. 

Lets say I Trademark my name and slogan as one trademark and do business under that i.e. "Nike Just Do It" Does that protect from anyone using both "Nike" and "Just Do It" or only from using them together?

Also it has been stated that Nike had to use the "Just Do It" slogan for awhile to establish it as part of their brand before they could trademark it. So my question is this...what if someone were in that time before they were able to establish it as part of their brand jumped in and registered "Just Do It" as their company??? 

I'd hate to trademark my company name only but then have some one come along and trademark my slogan to use as their company name....

Any info is appreciated...Thanks.


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## PedroThe

Hello to everyone and thanks for all the info. MY question is " what is required to show the trademark office that the phrase or quote you are trying to use is actually a part of the brand and also that it's been in use for some time now?" Sales receipts, business contracts? Thank you in advance!


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## kimura-mma

PedroThe said:


> what is required to show the trademark office that the phrase or quote you are trying to use is actually a part of the brand


You can supply a pic of a hangtag or a neck label. Maybe a business card would work. Or a screenshot of your website.

But make sure the mark is either a brand name or a mark used in association with the brand. If it is just a t-shirt design, it may not be eligible for trademark.



PedroThe said:


> and also that it's been in use for some time now?" Sales receipts, business contracts?


As part of the application, you will enter the date of first use in commerce. Usually, the USPTO takes you at your word. But if they feel the info may not be accurate, they could ask you for proof. I have never had this happen, but I would think receipts would be fine. Keep receipts/records of when you registered your business, web domain, etc. Keep receipts/records of when you got shirts printed, when you sold them and when you shipped them.


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## Rusty44

PedroThe said:


> Hello to everyone and thanks for all the info. MY question is " what is required to show the trademark office that the phrase or quote you are trying to use is actually a part of the brand and also that it's been in use for some time now?" Sales receipts, business contracts? Thank you in advance!



I applied on line directly with the USPTO to file for my trademark. As part of my filing I supplied them with jpg of my flyers, brochures, advertising, printed t-shirts and even my website link to prove I was using the name as a brand rather than an ornamental design. I also said I was selling my products on ebay, etsy, etc to confirm my trademark name was actively used out in the market place prior to applying for a trademark. The USPTO lawyer assigned to me was so helpful and very informative, so don't be afraid to call them. 

If you are going to file yourself, ther website will guide you through the process. Read through the instructions and have everything at hand, it makes it a lot easier. Good luck to you.


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## GMWApparel

butlermarie38 said:


> You cannot trade mark phrases, but you can trademark what is written in which style, pattern, font etc. So if you reproduce the same you have breached the law. For eg- your t-shirt says Punk Rock Rules and others t-shirt says the same but in a different pattern, style etc then neither of you breach the law.


Incorrect. Please go reproduce "Just Do It" Or "I'm Lovin it" in a different font and sell it on shirts and see what happens. You can trademark a phrase. And own all rights to the phrase as long as it is unique. A prime example is "Life Is Good" You cannot and I recommend you do not make anything saying that. I don't care what font or pattern it is in. 

I went through the whole process and own all rights to a phrase. Don't listen to this non-sense


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## skdave

Yes you can . I just TM "IFYOUAGREE.COM MAKE YOUR STATEMENT" cost $2500.


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## itismichael

What if you put "life is good with a smile" is that different or to close to the same thing. Just asking, because I don't see how anyone can own a word I can see they can own a phrase but not the words in it. A think I'm saying that right or I'm asking the right way. Even though there is some of the words in your phrase that is the same as "life is good" does it matter


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## kimura-mma

itismichael said:


> What if you put "life is good with a smile" is that different or to close to the same thing.


I would say it's close enough that they would be able to sue for infringement.


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## ozpyro

What about when Pat Riley trademarked 'Three Peat' in 1998 in anticipation of the Lakers winning their 3rd in a row. It never happened until the Bulls did it in 1993, and Riley made a ton of money from hats, shirts, and jacket sales. This was just a phrase and NOT part of a brand. So it is possible to trademark a phrase.


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## kimura-mma

Three Peat is granted special consideration because it is used directly with NBA licensed product. Even though it's not a brand name, it still acts as an identifier of the source of the goods.

Same goes for Just Do It. It's not a brand name, but it obviously identifies Nike products. Another example is the UFC trying to trademark Octagon. While it's not a brand name, it helps identify the UFC brand on their products.


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## soulseed

Do you copywright or trademark a slogan? My company name is trademarked, but I thought the slogans and t-shirt designs were to be copywrighted based on the info on uspto.gov?


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## kimura-mma

You would trademark the slogan and copyright the t-shirt designs.


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