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  1. #1
    Join Date
    Oct 2006
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    4

    Default Trademarking Catch Phrases and Slogans

    I want to sell tshirts online with unique slogans and catch phrases that relate to popular figures without using their names and support a movement. I already bought the website but was worried that I would have to trademark every slogan I come up with. How do I protect my catch phrases if say a popular figure uses it or someone else decides to use it or stop me from using it.. I did a trademark search on all phrases and none seems to be trademarked as yet....would me being the first to use it via online retail be enough to protect me under common wealth law or Do i have to literally trademark every single one.

  2. #2
    Join Date
    Sep 2010
    Posts
    6,637

    Default Re: Trademarking Catch Phrases and Slogans

    You can trademark words or phrases you use to identify goods you use in commerce. You achieve these rights via use in commerce. It costs nothing. You can register the trademark (which will cost money). Note you can't just get protection for your shirt design through trademark unless that design elevates to the identity. But on the other hand, famous person have rights to their own fame so why you might be able to defend yourself against other independent people, you may run afoul of the celebrities themselves.

  3. #3
    Join Date
    Oct 2006
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    4

    Default Re: Trademarking Catch Phrases and Slogans

    Ok. So if I were to put..example," who broke the record of blah blah blah, MG Did that." MG being a famous persons initials.....being that no names are technically being used just initials and its up to consumers to put 2+2 together ,can said person lay claim or entitlement and successfully sue me or request cease and desist.

  4. #4
    Join Date
    Sep 2010
    Posts
    6,637

    Default Re: Trademarking Catch Phrases and Slogans

    If they think you're leveraging their fame to profit, yes they can.
    The thing with trademarks and fame is that all it takes is an element of confusion.

  5. #5
    Join Date
    Oct 2006
    Posts
    4

    Default Re: Trademarking Catch Phrases and Slogans

    So how come you see all kinds of stuff, memorabilia of all sorts for example, being sold online and stores with images of celebs or slogans like linsanity etc..these people can be successfully be sued as well..

  6. #6
    Join Date
    Jul 2010
    Posts
    2,536

    Default Re: Trademarking Catch Phrases and Slogans

    Perhaps they have licensing agreements with said celebs? Perhaps they simply haven't been noticed by the celebs' attorneys? If you chose to move forward with your business idea without securing licensing agreements, you run the risk of being sued at any time.

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