Can I use a trademarked slogan?
Just because a company has trademark rights, those rights do not absolutely prohibit anyone else from using the same name, logo, or tagline. The same exact trademark you use can be used on a substantially different product or in a substantially different industry.
How do I know if a slogan is copyrighted?
To conduct a trademark search in India, visit the trademark search database using a web browser.
- Select Wordmark as the Search type at the top of the page.
- Enter the wordmark you would like to search on the trademark database.
- The class of the Trademark that is applicable should be entered.
Can you trademark a name?
Trademark law protects names, logos and other “marks” that are used in commerce. But if—like most people—you only use your name for personal purposes, you can’t register it as a trademark. In addition, you can’t trademark your name if it is likely to be confused with other registered trademarks.
Are slogans trademarked or copyrighted?
Generally, taglines and “traditional” trademarks are governed by the same rules. Accordingly, so long as a tagline or slogan is either inherently distinctive or has developed secondary meaning, a tagline is protectable as a trademark.
Can two businesses have the same name?
Can Two Companies Have the Same Name? Yes, however, certain requirements must be met in order for it to not constitutes trademark infringement and to determine which party is the rightful owner of the name.
Can you copy someone’s slogan?
slogans, and other short phrases or expressions cannot be copyrighted.” [1] These rules are premised on two tenets of copyright law. First, copyright will not protect an idea. Phrases conveying an idea are typically expressed in a limited number of ways and, therefore, are not subject to copyright protection.
What happens if a name is trademarked?
The answer is that a registered trademark gives you the exclusive right to use your business name nationwide in connection with the goods and services you’ve identified in your registration, and allows you to enforce your trademark by filing a lawsuit in federal court.
Can I use a trademarked word in my business name?
The short answer is that you can use a trademark belonging to another person or company if you use the mark for: informational or editorial purposes to identify specific products and services, or. if your use is part of an accurate comparative product statement.
Is slogan protected by copyright?
Slogans are protected as literary work under Section 2 (o) of The Copyright Act, 1957. However, there has been a reluctance to uphold Slogan under the Copyright Act or categorize them as literary work.
Can I trademark a name without a slogan?
If your name was used without the slogan, your trademark registration provides no protection. Using your name in a graphic or in conjunction with a slogan does not prevent others from using just your business name for profit.
Do I need to register my business name & slogan for free?
As your business name is your corporate identity, you want free use to print it on whatever documents necessary — minus the slogan — and maintain your trademark privileges. Generally speaking, you want to submit a separate registration application for your business name, slogan, logo and domain name.
What is a trademarked slogan and how does it work?
What Is a Trademarked Slogan? A trademark is an original symbol or saying that sets apart one product or company from another. Registering a trademarked slogan will make the connection between your message and your brand for customers. This can aid your marketing efforts and add value to your business.
Why was the slogan Think Green rejected as a trademark?
It’s on these basis, for example, that the slogan THINK GREEN was rejected as a trademark because it was merely a statement of environmental awareness. The slogan, HAIR COLOR SO NATURAL ONLY HER HAIRDRESSER KNOWS FOR SURE was registered because consumers associated the slogan with a particular product.
https://www.youtube.com/watch?v=ZMQWItvo7PA