Author Topic: Trademarking a phrase for a business idea  (Read 5428 times)

Baylor3217

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Trademarking a phrase for a business idea
« on: April 13, 2013, 10:27:59 AM »
I've been looking at licensing some apparel with local universities.

Some ideas I have would be coming up with a phrase or nickname that would be on a tshirt, approved by the university and sold.

1.  First I'd want to trademark the phrase. What does it cost to do this? Is it worth it or necessary?

2. If a rival school is using a phrase you don't like, could one trademark the phrase to prevent usage or require  them to pay you to use it?


projekt

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Re: Trademarking a phrase for a business idea
« Reply #1 on: April 13, 2013, 12:26:09 PM »
A trademark is a device that is like your signature. You have to use it for it to be a trademark. You can't pre-emptively trademark things and sue people for using them, when you had no use for the mark.

The original purpose was, literally, to "sign" the things you made in your trade, so that people knew what to expect from your quality. Over time, it became brand names and slogans as well. You can also trademark colors, etc., so long as they are not functional attributes of the item. The best known example is John Deere Green. There is no reason why a tractor has to be painted green, so the decision to brand all their equipment green is their trademark, and they protect it. On the other hand, if you were to try to trademark day-glo yellow for fire trucks, one could argue that the bright color is a functional aspect of the device and therefore not a trademark.

What you might be looking for is something akin to a nondisclosure agreement. You are going to present slogan ideas for universities. You want them to pay a royalty for that. So you say, sign this NDA, I'll tell you the slogan, if you want it you pay me a royalty, and you can trademark it. If you don't want it, you have agreed not to use it.

Another thing you can do is make a business that has a trademark on a part of a slogan that you then specialize. You would be a sort of design firm for universities, offering to sell them designs with your slogan on them. This would be like the "Co-ed Naked" gear.

http://www.uspto.gov/trademarks/basics/index.jsp

(This is not legal advice)

Baylor3217

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Re: Trademarking a phrase for a business idea
« Reply #2 on: April 13, 2013, 12:30:06 PM »
Could I put "just do it" on a shirt and sell it?

I'm trying to do the same with some of my catch phrases so no one else puts my creative property on a shirt and sells it thereby competing with me

arebelspy

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Re: Trademarking a phrase for a business idea
« Reply #3 on: April 13, 2013, 12:32:08 PM »
projekt nailed it.

To add two facts that came up relevant to me recently (since one of my companies has been going through the process): the trademark needs to be in use in commerce, and it cannot be descriptive.
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arebelspy

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Re: Trademarking a phrase for a business idea
« Reply #4 on: April 13, 2013, 12:33:37 PM »
Could I put "just do it" on a shirt and sell it?

I'm trying to do the same with some of my catch phrases so no one else puts my creative property on a shirt and sells it thereby competing with me

Sounds like you need to consult a lawyer, or at least a Trademarks for Dummies book.
I am a former teacher who accumulated a bunch of real estate, retired at 29, spent some time traveling the world full time and am now settled with three kids.
If you want to know more about me, this Business Insider profile tells the story pretty well.
I (rarely) blog at AdventuringAlong.com. Check out the Now page to see what I'm up to currently.

gooki

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Re: Trademarking a phrase for a business idea
« Reply #5 on: April 13, 2013, 01:45:39 PM »
I can't speak for the US, but in NZ you just put a TM on the end and its trademarked.

You can then pay to register a trademark (R), it doesn't give you any extra protection, but does make any court case easier as there is an official record.

arebelspy

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Re: Trademarking a phrase for a business idea
« Reply #6 on: April 13, 2013, 02:27:05 PM »
I hereby trademark the name gooki™.

Please pay me anytime you make a post using that name.
I am a former teacher who accumulated a bunch of real estate, retired at 29, spent some time traveling the world full time and am now settled with three kids.
If you want to know more about me, this Business Insider profile tells the story pretty well.
I (rarely) blog at AdventuringAlong.com. Check out the Now page to see what I'm up to currently.

Baylor3217

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Re: Trademarking a phrase for a business idea
« Reply #7 on: April 13, 2013, 04:10:59 PM »
That's why I'm here. To learn from u guys :)

gooki

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Re: Trademarking a phrase for a business idea
« Reply #8 on: April 13, 2013, 07:57:16 PM »
I hereby trademark the name gooki™.

Please pay me anytime you make a post using that name.

Sue me. :P

dragoncar

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Re: Trademarking a phrase for a business idea
« Reply #9 on: April 14, 2013, 10:41:03 PM »
The legal advice you get online is about as good as the medical advice you get online.

P.S.  It's probably cancer.

WSUCoug1994

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Re: Trademarking a phrase for a business idea
« Reply #10 on: September 12, 2019, 06:23:58 PM »
I think the OP is LeBron James.  He was just denied a trademark on "Taco Tuesday".

https://www.espn.com/nba/story/_/id/27596576/lebron-taco-tuesday-trademark-filing-denied

 

Wow, a phone plan for fifteen bucks!