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As a trademark lawyer, I often notice that individuals create unique tag lines and coined phrases to describe their product or service, but do not trademark them. Taglines or coined phrases usually describe your product or service and a business becomes associated with that phrase. Thus they are trademarks. A trademark is defined as an intellectual property right that protects words, names, symbols, sounds, or colors that distinguish goods and services from those manufactured or sold by others and to indicate the source of goods. I can better describe this definition in a couple of examples:
Example 1. Coca-Cola is the trademark associated with the soft drink Coke. However, Coca-Cola recently adopted a coined phrase: "Enjoy the Coke Side of Life." You better believe Coca-Cola trademarked that bad boy as soon as it was conceptualized.
Example 2. Atlantic Station is the trademark associated with the Live, Work, Play Community here in Atlanta. Great concept. They also have a coined phrase, "Life Happens Here." This tag line or phrase is also a trademark associated with the community Atlantic Station.
So it is very important to trademark all tag lines or phrases associated with your product or service. Here are a few practical tips to ensure you are protecting all names, words, and phrases associated with your brand:
1. If you already have a tag line or coined phrase associated with your trademark, make sure you include it when you complete and file your trademark application. For example, you would submit your mark, XYZ Company, (name of co.), We Work for You (tagline) as one trademark.
2. If you later create a unique phrase or tag line that your company becomes associated with after you have already applied for and received a trademark for your company name, logos, etc., simply submit another application to trademark the phrase. It will prevent others from using the phrase and protect your brand.
I hope this information was helpful. If you have any further questions or concerns, please email me.
3 comments:
I was part of an LLC with a partner. Together we came up for the name of our service and the tagline. We never registered our business name and tagline as a trademark. After 6 months, we decided to part ways.
I offered a buyout, because she was not going to continue with the service we provided, but I was. She declined the buyout and has chosen to dissolve the company, which I agreed to. Now she does not want me to use the tagline connected to the business name. I do not want to use the business name, but would like to use the tagline. She considers the tagline "intellectual property" and is willing to take me to court so that I do not use the tagline.
What are our rights in this situation?
well i am certain that this an unfirmaliar situation, the only protection provided for unregistered trademark is an action in passing off, your position will be compromised if both of you registered the tag line, with regard to the company it is none existent and no longer a going concern and you are no longer partners justifies you adopt the tagline. do not be bogged down by her selfish interests.
How do I go about copywriting a phrase for a sports team?
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