AboutShannon Moore Expertise I am able to answer general questions pertaining to copyrights and patents, such as explanations of what they are & how to obtain them. I cannot answer specific legal questions.
Experience Since 1994, I have been the General Manager for TradeMark Express, which specializes in trademarks. Over the years, I've accumulated information pertaining to copyrights and patents.
Organizations TradeMark Express belongs to BBB, the Better Business Bureau, as well as INTA, the International Trademark Association
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The text above is a follow-up to ...
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I have a list of quotes and sayings that I personally came up with that I would like to have printed on bumper stickers, t-shirts, etc and would like to know how I can get such quotes copyrighted? Thanks.
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Dear James,
You wouldn't copyright it. Copyrights can be obtained for things of an artistic nature. This includes, of course, poetry, films, sculptures, music, fiction, etc. But can also include things that may not necessarily seem "artistic" in the general sense of the word. Copyrights can also be obtained for advertising copy, games, software programs and blueprints, to name just a few.
To protect slogans within your industry, you would apply for a trademark.
Trademarks can be names of products or services, logos, slogans, packaging and even sounds and smells. In essence, a trademark can be almost anything that is used to identify a particular product or service. Registering a trademark grants the owner exclusive rights to the mark within the specified industry.
Of course, it's necessary to research the mark comprehensively prior to filing to ensure that there is no possibility of infringing upon another party.
This entails searching the pending & registered Federal and State trademark files as well as the US National Common-Law files. Then, if clear, you can decide if you would like to file for a Federal or a State trademark.
To register a trademark, that's done either through your Secretary of State for a State trademark or the US Patent & Trademark Office for a Federal trademark.
If you are only conducting business in one state, then a State trademark is most appropriate. If you conduct (OR are planning to conduct) business in at least 2 states OR between the US & any other country, you can file for a Federal trademark.
So for a quote or saying whether used on a bumper sticker, t-shirt, or whatever would require a trademark, not a copyright? Even if the phraze is not designed to advertise a particular company? Such as, "America runs on Duncan" which clearly was designed to promote Duncan Donuts? Couldn't I just research those of trademarks that exist nationally (via website), and if none exists then go ahead an file for one? It seems to me that my application for one would simply fall through if one already existed for someone else?
Answer Dear James,
That is correct - a slogan, a name, a logo, etc. that's used to identify a particular product or service is a trademark.
Yes, you can just file without conducting research. The USPTO does NOT require that you show proof of research done; however, they do assume that you have taken the steps to ensure that the mark is legally available. If the mark is taken by another party on the FEDERAL level, it'll take the USPTO about 6-8 months to get to that point -- at that time, you lose the $325 per class filing fee & may have to go through the expense of changing the mark and/or stop selling your goods.
Even if the mark is available on the FEDERAL level does NOT mean that it's available on the STATE trademark level or the US NATIONAL COMMON-LAW level. Both of these matter as well. And neither of these databases are searched by the USPTO.
Hope that helps! I wish you much success & happiness in all your ventures!
