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How to Trademark a Phrase for Free: An EASY Guide

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You can trademark a phrase for free with a “common law” trademark, but it will have serious limitations. If you plan to expand your business into multiple markets, you should consider registering your trademark with the USPTO. However, you cannot register a trademark for a phrase for free.

Trademark a Phrase for Free

   By Michael Kondoudis, Small Business Trademark Attorney

This is our EASY guide to trademarking a phrase for free. 

You may have heard that you can trademark a phrase (or slogan) for free. Is this true? The answer is both yes and no.

It is possible to get some trademark rights just by using a phrase as a trademark. But, those rights are limited and pale in comparison to the rights that come with registering a trademark with the U.S. Patent and Trademark Office. 

In this post, I’ll explain exactly how to trademark a phrase for free, and this information applies to names and logos as well.

So, if you want to learn how to trademark a phrase for free, this guide is for you.

Let’s get started!

U.S. Trademark No. 1,151,224 for DON’T LEAVE HOME WITHOUT IT

DON'T LEAVE HOME WITHOUT IT Trademark Registration

CONTENTS

Part I. Trademarking for free

Part II. All about common law trademarks

Part III. How to get common law trademark rights

Part IV. All about registered trademarks

Part V. How to register a trademark for free

I. TRADEMARKING FOR FREE

How to Trademark a Phrase for Free

You can trademark a phrase for free using a common law trademark. A common law trademark can be a great way to protect your phrase without incurring the cost of registration.

Can You Trademark a Phrase for Free?

Yes, you can trademark a phrase for free by establishing a “common law” trademark through use of the phrase in commerce. This means using the phrase to brand your company, business, product, or service. You cannot register the phrase for free, however, because the U.S. Patent and Trademark Office charges a filing fee for every new trademark application. So, there is always a fee to register a phrase.

RELATED: How to Trademark a Name for Free

Is There Such a Thing as Free Trademark?

Yes, you can establish a common law trademark for free.  A trademark registration is never free, however. The U.S. Patent and Trademark Office charges a “filing fee” for every application, including applications for phrases.

II. COMMON LAW TRADEMARKS

What is a Common Law Trademark?

A common law trademark is not registered with the USPTO but is instead established through use in commerce and taking steps to prevent others from using it. Stated differently, common law trademarks are based on use rather than through registration.

Common law trademarks are not registered with the government but are still protected under the law.

Common law trademark rights can be limited in scope and protection compared to registered trademarks. For example, common law trademark rights only extend to the geographic areas where the mark is actively used and recognized by consumers. Registered trademarks extend to all 50 States.

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New Applications – Legally own your trademark.

Office Actions – We can navigate the trademarking process at the USPTO.

Enforcement – Flex your trademark rights. Stop copycats.

The Benefits of a “Free” Common Law Trademarks

There are several benefits to common law trademarks.

First, common law trademarks are easier to get than registered (federal)  trademarks. There are far fewer requirements. To get common law trademark rights you just need to use a phrase to brand a company, product, or service.

Second, common law trademarks are much less costly than registered trademarks. It is less expensive to establish a common law trademark than to register one with the U.S. Patent and Trademark Office (USPTO).

Third, common law trademark rights can be established much faster than registered trademarks. Trademark registration can take over a year.

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The Limitations of a “Free” Common Law Trademark

Common law trademarks can provide modest protection for businesses, but they have limitations. The two most important limitations of common law trademarks relate to geography and enforcement.

Geography: Common law trademark rights are limited to the geographic area where a mark is used. They are not national like registered trademarks. That means that other businesses outside of your local region could use your phrase or slogan, and you would be unable to stop them. 

Enforcement: Enforcing common law trademarks is far more difficult and costly than it is for registered trademarks. For example, a trademark owner must prove ownership, validity, and regions of use. In contrast, with registered federal trademarks, these elements of infringement are legally presumed, so enforcement is easier and less expensive. Also, it is presumed that a registered federal trademark is recognized as representing a brand.

III. HOW TO GET A COMMON LAW TRADEMARK

How to Establish a Common Law Trademark

To establish a common law trademark, including a common law trademark for a phrase, you will need to:

1. Use the phrase as a trademark (brand) in commerce; and

2. Demonstrate that it has “secondary meaning,” which is to say that it has become associated with your brand in the minds of consumers.

Use in commerce

You have to use the phraase in a way that identifies it as being associated with your goods or services. For example, you could use the phrase on packaging, labels, signage, or advertisements.

Secondary meaning

This can be shown by promoting the phrase through advertising and marketing and ensuring that it is used consistently across all your business’s communications. This can be done by showing that the mark has been in continuous use for a period of time or that it has become well-known among consumers.

IV. ABOUT REGISTERED TRADEMARKS

What is a Registered Trademark?

A Federal trademark is an enhanced trademark certified by the U.S. government. It’s an enhanced trademark because it comes with exclusivity and nationwide legal rights, preventing anyone else from registering anything similar for your industry.

The United States Patent and Trademark Office (or “USPTO”) is the Federal agency that registers trademarks.

What Are The Benefits of a Registered Trademark?

Federal trademark registration is the ultimate protection for any brand. There is no higher level. That makes a Federal trademark the best insurance against having to rebrand.

Here are just some of the reasons why:

  1. A registered federal trademark is an official confirmation that you own your trademark.
  2. A registered federal trademark comes with the immediate, exclusive, and nationwide right to use your mark.
  3. A registered federal trademark will prevent anyone else from registering it (or anything similar) in your industry.
  4. A registered federal trademark gives you enhanced protection for domain names and social media platforms and access to Amazon’s brand registry.
  5. A registered federal trademark gives you the legal right to use the ® symbol.

Read about ALL of the legal and financial benefits of trademark registration here.

V. HOW TO REGISTER A TRADEMARK FOR FREE

How to Register a Trademark for Free

You cannot register a trademark for free because every application filed with the U.S. Patent and Trademark Office (“USPTO”) must be accompanied by a non-refundable filing fee. This fee is mandatory and is non-refundable. The USPTO filing fee is $250 or $350 per class of goods or services. Therefore, while it is possible to register a trademark without hiring a lawyer, it can never be free.

Can You Register a Trademark for Free?

No, you cannot register a trademark for free because the U.S. Patent and Trademark Office (“USPTO”) charges a filing fee for every application it receives.

Is There Such a Thing as Free Trademark Registration?

No. To register a trademark, you must pay a non-refundable government filing fee to the United States Patent and Trademark Office (“USPTO”). So, free trademark at the federal level is not an option. 

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Registration  Is The Best Way to Protect Your Trademark

Peace of Mind – Official confirmation that you legally own your trademark

Exclusivity – Prevent competitors from registering your mark and taking it from you.

Distinction – Use the ® symbol and stand out from the competition.

How Much Does Trademark Registration Cost?

Currently, the U.S. Patent and Trademark Office charges a filing fee for every application.  The current filing fee is at least $250 per application, and often more when many products or services are listed in the application.

The average cost is between $275 and $400 to file a trademark application with the USPTO. However, the actual cost will depend on several factors, including the complexity of the application. Ultimately, the cost of trademark registration will vary depending on the specifics of your situation.

VI. SUMMARY

In the United States, you can establish “common law” trademark rights in a phrase just by using it to brand your company, products, and/or services. Common law trademark rights are limited and difficult to enforce, however. 

The best way to protect a trademark, including a phrase, is to register it with the U.S. Patent and Trademark Office (USPTO).  Trademark registration is the way to make sure that no one else registers your mark and takes it from you.

The process of registering a trademark includes filing an application with the USPTO and the USPTO charges a filing fee for every new trademark application. The application fee is currently $250 per class of goods or services that you list in your application. So, there is no such thing as a free trademark registration.

VII. FREQUENTLY ASKED QUESTIONS

1. Can I trademark a phrase for free?

No, you can’t register a phrase for free. You can establish a common law trademark for free, however, by using the phrase to brand your products. Common law trademarks are free and do not require any paperwork or forms. There is no way to register a phrase trademark for free because you will always have to pay at least a small fee that covers the costs of examining and processing your trademark application. There is no way to get a federal trademark for free.

 

2. What is the least expensive way to trademark a phrase?

The cost to trademark a phrase is between from $250 to $350 per trademark class. This is the fee charged by the USPTO to accept your trademark application. The easiest way to submit an application to register your trademark is online through the USPTO’s Trademark Electronic Application System (TEAS). 

 

3. What is the least expensive way to trademark a phrase?

The cost to trademark a phrase is between from $250 to $350 per trademark class. This is the cost to submit your trademark application to the USPTO. The easiest way to submit an application to register your trademark is online, through the USPTO’s Trademark Electronic Application System (TEAS).  Learn about how to qualify for the lowest filing fee in our guide to TEAS.

 

4. What is the cheapest way to trademark?

There is a free option to get a trademark for your name, logo, or phrase.  The way to get a free trademark is to establish common law trademark rights by using your mark to brand your business, products, or services. Common law trademark rights have limitations, but they can offer some protection for names, logos, and phrases.

 

5. Can you trademark things for free?

Yes, you can establish common law trademarks and no cost. However, you cannot register a trademark for free. The U.S. Patent and Trademark Office always charges a filing fee.

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The DuPont Factors: An EASY Guide

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If you’re a trademark owner or planning to register for one, it’s crucial to understand the DuPont factors. They are a set of criteria used by the U.S. Patent and Trademark Office (USPTO) to register trademarks and by courts to help with trademark infringement cases.

By Michael Kondoudis, Small Business Trademark Attorney

This is our EASY guide to trademark DuPont Factors.

In this guide you’ll learn:

  • Trademark Basics
  • The origins of the DuPont factors
  • What they are
  • Why they matter & How they are used

So, if you need to learn about the DuPont factors, this guide is for you.

Let’s dive right in!

I. A BIT ABOUT TRADEMARKS

What is a Trademark?

A trademark is an exclusive right that a business or individual has to use a name, logo, slogan, or other symbol to identify products and services. Trademarks help protect a brand’s identity from competitors who may try to copy it while also preventing confusion among consumers. Trademarks protect brands.

What is a Registered Trademark?

A registered trademark is a trademark that has been registered with the United States Patent and Trademark Office (USPTO), which grants exclusive and nationwide rights to use the trademark.

How Do You Get a Registered Trademark?

You get a registered trademark by applying to the USPTO (United States Patent and Trademark Office). After registration, trademark owners may display the ® symbol to indicate it is protected by federal law.

How Does the USPTO Decide to Register a Trademark?

The USPTO decides whether to grant applications for trademark registration by assessing the “likelihood of confusion” between them and other existing trademarks. It uses the DuPont factors to make this determination.

II. THE DUPONT FACTORS

The USPTO decides whether to grant applications for trademark registration by assessing the “likelihood of confusion” between them and other existing trademarks. To do this effectively, it uses the DuPont factors. These factors represent a consistent and objective legal framework for comparing trademarks, ensuring fair decisions in the trademark registration process.

Beware: Even if two trademarks aren’t identical, they can still conflict if they are “likely to be confused.”  That’s where the DuPont factors come in – they help identify potential conflicts and guide the decision-making process.

What Are the Dupont Factors?

The Dupont factors are a set of 13 criteria that the U.S. Patent and Trademark Office (USPTO) uses to assess the likelihood of confusion between trademarks. In other words, these factors help determine whether a new trademark can be registered or might infringe on someone else’s existing mark. Courts also use the Dupont factors to resolve cases of trademark infringement.

So, the USPTO uses the DuPont factors to decide whether to grant applications for trademark registration, and courts use them to answer questions of infringement.

Where Did The DuPont Factors Come From?

The DuPont factors originated from the landmark 1973 case of E.I. DuPont de Nemours & Co. v. Celanese Corp., which established their use in trademark litigation. The DuPont factors have since become one of the most commonly used tools for analyzing trademark applications.

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New Applications – Legally own your trademark.

Office Actions – We can navigate the trademarking process at the USPTO.

Enforcement – Flex your trademark rights. Stop copycats.

How Many DuPont Factors Are There?

  1. There are 13 DuPont factors.

Why Are The DuPont Factors Important?

The DuPont factors are THE test for whether a trademark can be registered or whether it infringes someone else’s mark. The Dupont factors are important because the trademarks can conflict (i.e., a likelihood of confusion) even if they do not match. Trademarks do not need to be identical to conflict. Instead, they just need to be confusingly similar. For example, if two companies have names that start with the same letter but contain different words, such as “Green Gizmos” and “Gorgeous Gadgets,” this could still lead to a trademark dispute.

List Of The DuPont Factors

The 13 criteria that make up the DuPont factors are:

1. Similarity or dissimilarity of marks: This factor considers how similar the two trademarks look, sound, and feel in appearance, sound, connotation, and commercial impression.

2. Nature of the goods and services: The USPTO compares the products or services associated with the trademarks determining whether they are similar or dissimilar.

3. Trade channels used: The third factor examines whether the trademarks are used in similar or different trade channels, such as retail stores, online platforms, or others.

4. Purchasing conditions: This factor evaluates the conditions under which sales are made and if the buyers involved tend to make impulse purchases or carefully consider their options before buying.

5. Fame of the existing mark: If the prior mark has a strong reputation or significant fame, it may be more susceptible to confusion with a newly proposed trademark.

6. Similar marks with similar goods: This factor takes into account the number and nature of similar trademarks used with similar goods or services in the market.

7. Actual confusion between the marks: The USPTO looks for any existing evidence of confusion between the two trademarks in question.

8. Length and conditions of concurrent use without confusion: The office considers whether the two trademarks have been used simultaneously without causing confusion for an extended period.

9. Variety of goods and services associated with the marks: The USPTO evaluates if the trademark is used or not used with a range of different products or services.

10. Market interface: This factor assesses the interactions and competitive relationship between the applicant and the owner of the existing trademark.

11. Applicant’s right to exclude others: This factor measures the extent to which the applicant has the right to prevent others from using the trademark on specific goods or services.

12. Extent of potential confusion: The USPTO tries to gauge the possible level of confusion that could arise between the two trademarks.

13. Other established facts: Any additional relevant information that could help determine the impact of trademark use is also considered.

List Of The DuPont Factors

The 13 criteria that make up the DuPont factors are:


1. Similarity or dissimilarity of marks: This factor considers how similar the two trademarks look, sound, and feel in appearance, sound, connotation, and commercial impression.


2. Nature of the goods and services: The USPTO compares the products or services associated with the trademarks determining whether they are similar or dissimilar.


3. Trade channels used: The third factor examines whether the trademarks are used in similar or different trade channels, such as retail stores, online platforms, or others.


4. Purchasing conditions: This factor evaluates the conditions under which sales are made and if the buyers involved tend to make impulse purchases or carefully consider their options before buying.


5. Fame of the existing mark: If the prior mark has a strong reputation or significant fame, it may be more susceptible to confusion with a newly proposed trademark.


6. Similar marks with similar goods: This factor takes into account the number and nature of similar trademarks used with similar goods or services in the market.


7. Actual confusion between the marks: The USPTO looks for any existing evidence of confusion between the two trademarks in question.


8. Length and conditions of concurrent use without confusion: The office considers whether the two trademarks have been used simultaneously without causing confusion for an extended period.


9. Variety of goods and services associated with the marks: The USPTO evaluates if the trademark is used or not used with a range of different products or services.


10. Market interface: This factor assesses the interactions and competitive relationship between the applicant and the owner of the existing trademark.


11. Applicant’s right to exclude others: This factor measures the extent to which the applicant has the right to prevent others from using the trademark on specific goods or services.


12. Extent of potential confusion: The USPTO tries to gauge the possible level of confusion that could arise between the two trademarks.


13. Other established facts: Any additional relevant information that could help determine the impact of trademark use is also considered.

What Are The Primary DuPont Factors?

There are three primary DuPont factors. The primary DuPont factors are (1) the similarity of the marks, (2) the similarity of the goods and services, and (3) the similarity of the channels of trade.

  1. Similarity of the marks: This refers to how closely the trademarks resemble each other (visually, orally, or in meaning/connotation). They don’t need to be identical – just similar enough to cause confusion.
  1. Similarity of goods/services: The USPTO looks at how closely related the products and services associated with the trademarks are. If they’re too similar, it may create confusion among customers.

  1. Similarity of trade channels: This examines how the goods and services are marketed and sold. If the trademarks are used in similar channels of trade, consumers might have a hard time distinguishing between them.

Keep in mind that no single factor is decisive – the USPTO and courts must weigh each factor according to the facts of each case.

Why Are The DuPont Factors Important?

There are several reasons why understanding the Dupont factors is important for your business:

  1. Informed registration decisions: With the Dupont factors, the USPTO can make more informed decisions when granting trademark registration applications, relying on facts rather than opinions.
  2. Trademark dispute resolutions: Courts can use the Dupont factors to effectively resolve questions of trademark infringement, ensuring a more accurate and objective judgment.
  3. Predictability for businesses: By understanding the Dupont factors, you can choose trademarks for your business that are more likely to be registrable and not infringe on other marks, reducing potential legal headaches.

III. CONDENSED SUMMARY

The DuPont factors are among the most commonly used criteria in trademark law when evaluating the likelihood of confusion between two similar trademarks. The U.S. Patent and Trademark Office (USPTO) uses the DuPont factors to determine if there is a likelihood of confusion between two similar marks. If a trademark applications appears to be confusingly similar to another, then the USPTO will use these factors to assess the level of similarity.

The 13 DuPont factors are:

1. Similarity or dissimilarity of marks

2. Nature of the goods and services

3. Trade channels used

4. Purchasing conditions

5. Fame of the existing mark

6. Similar marks with similar goods

7. Actual confusion between the marks

8. Length and conditions of concurrent use without confusion

9. Variety of goods and services associated with the marks

10. Market interface

11. Applicant’s right to exclude others

12. Extent of potential confusion

13. Other established facts

By considering all of these factors together, the USPTO can determine if there is a likelihood of confusion between two similar trademarks and make an informed decision about whether to approve or reject the application. Ultimately, it is up to the examiner’s discretion to determine if the marks are too similar and, therefore, likely to cause consumer confusion.

The DuPont factors remain an essential element of trademark law today and serve as a valuable tool for evaluating likelihood of confusion

Final Thoughts

As a trademark owner, it’s essential to understand the DuPont factors. A thorough understanding of the DuPont factors helps you better navigate the trademark registration process and strengthens your position in potential infringement cases. Considering how these factors apply to your mark and comparing it with existing trademarks ensures that you make informed decisions when protecting your brand and pursuing legal action if needed.

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DON’T LEAVE HOME WITHOUT IT: Famous Slogan

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History of DON'T LEAVE HOME WITHOUT IT Slogan

By Michael Kondoudis, Small Business Trademark Attorney

American Express has long been a household name for finance and travel. One major contributor to its enduring reputation is the company’s iconic slogan, “Don’t Leave Home Without It.” In this blog post, we explore the origins of the catchy phrase, its impact on American Express’s brand, and how American Express has protected the slogan with trademarks.   

If you want to know about American Express’s Don’t Leave Home Without It slogan, then read on.  This post is for you.

I. AN ICONIC SLOGAN IS BORN

Who Created DON’T LEAVE HOME WITHOUT IT?

The renowned advertising agency Ogilvy & Mather conceived the slogan in 1975.

They introduced it to the public as part of an ad campaign to promote American Express Travelers Cheques. The catchy phrase has been invaluable in shaping American Express’s image and brand.

Is the DON’T LEAVE HOME WITHOUT IT Slogan Trademarked?

Yes, the Don’t Leave Home Without It slogan is trademarked.

American Express filed a trademark application with the U.S. Patent and Trademark Office (USPTO) in 1978. The USPTO granted the application in 1981.  The trademark registration for traveler’s checks

Related: How to check if a name or phrase is trademarked.

DON'T LEAVE HOME WITHOUT IT Trademark Registration

II. A FAMOUS AD CAMPAIGN

Decades of Use

American Express first told consumers they shouldn’t leave home without them in 1975. Initially, American Express used the “Don’t Leave Home Without Them” slogan in an advertising campaign to promote traveler’s cheques. That advertising campaign featured the Academy Award-winning actor Karl Malden and ran for over 20 years. By consistently using Karl Malden and the memorable tagline, viewers came to associate the slogan with the security and convenience American Express offers.

Actor Karl Malden

Pop Culture References

The “Don’t Leave Home Without It” slogan is iconic, and many celebrities have used it to promote the American Express card. Actors Brad Pitt, Jennifer Lopez, and George Clooney have all appeared in advertisements for the card. Additionally, various entertainers and sports figures, such as Taylor Swift, LeBron James, and Michael Jordan, have all appeared in ads for American Express.

Wesley Snipes in Major League (1989)

Numerous TV shows, including Friends, Frasier, and Seinfeld, have featured the slogan in their episodes. The “Don’t Leave Home Without It” has also been featured in movies such as Clueless, The Hangover, and Major League.

Evolution Beyond Traveler’s Cheques

Over the years, the “Don’t Leave Home Without Them” slogan evolved into “Don’t Leave Home Without it” to promote the American Express credit card.  This slight shift in wording broadened the slogan’s application, allowing it to cover traveler’s cheques and charge card services.

Although Malden was the brand’s ambassador for over two decades, more recently, other celebrities have been featured in advertisements for American Express, including author Stephen King, singer Roger Daltrey, and comedian Jerry Seinfeld.

III. PROTECTING A FAMOUS SLOGAN

Protecting the DON’T LEAVE HOME WITHOUT IT Slogan

American Express trademarked its “don’t leave home without” slogans to shield them from imitation and unauthorized use.

American Express trademarked “Don’t Leave Home Without Them” for Traveler’s Cheques services in 1981.

American Express trademarked “Don’t Leave Home Without It” for their charge card services in 1981.

Why did American Express Trademark the DON’T LEAVE HOME WITHOUT IT slogan?

Trademark registration is vital for companies looking to protect their brand, and American Express is no exception. By having a registered trademark for the famous slogan, American Express can take legal action against other companies who attempt to use it without permission. This, in turn, safeguards the integrity and recognition of their brand.

Key Takeaways

The enduring impact of the “Don’t Leave Home Without It” slogan on American Express’s brand is undeniable. Through memorable advertising campaigns and strategic trademark registration, the company has maintained its brand’s relevance and protection. As a result, entrepreneurs and travelers alike continue to look to American Express with trust and confidence, ensuring the slogan remains both compelling and valuable for years to come. That is why American Express trademarked the Don’t Leave Home Without It slogan.

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Can You Trademark A Band Name?

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By Michael Kondoudis, Music Trademark Attorney

This our This blog answers the question: Can you use trademarks to protect a band name?

If you need to know if trademarking can help protect your band name, read on.  This guide is for you.

Let’s get started!

Can You Trademark a Band Name?

Yes, you can trademark a band name. The U.S. Patent and Trademark Office accepts applications for band names. Band, music, and entertainment services are protectable with trademarks. So, you can trademark your band name, logo, and any slogan used to promote your band.

RELATED: How To Trademark a Band Name: An EASY Guide

®  Want help with your trademark?  

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Do You Need to Trademark a Band Name?

Yes, you need to trademark the name of your band. Trademarking the name of your band confirms your legal ownership of the name and prevents anyone else in the entertainment industry from trademarking it and taking it from you.

If you do not protect your band name, anyone can use it and possibly even steal it.  If that happens, you would be forced to rebrand.

What Parts of a Band’s Brand Can Be Trademarked?

The name, logo, and any phrase/slogan used to promote your band can be trademarked.

Read why trademarks are the ultimate protection for any brand.

What Parts of a Band Brand Cannot Be Trademarked?

Not every part of a band’s brand can be trademarked.  You cannot trademark songs and merchandise. Trademarks protect how you identify and promote your music, recordings, videos, and performances. A trademark will not prevent another band from creating songs similar to yours. 

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How Do You Trademark a Band Name?   

To trademark a band name, logo, or slogan, you need to apply to the U.S. Patent and Trademark Office.  Learn about how here. 

Briefly, these are the three steps to trademark a band name:

1. Research: Conduct thorough research to ensure that your desired band name isn’t already being used by another band or registered as a trademark. You can start by searching databases, social media, and online streaming platforms.

2. Choose a unique name: Aim for a distinctive band name that stands out and can be easily associated with your music. Avoid generic or descriptive names to ensure successful trademark registration.

3. Submit a trademark application: File an application with the appropriate government office, such as the United States Patent and Trademark Office (USPTO) in the United States. Make sure to follow their guidelines and regulations, and provide all the necessary information and documentation. The application process can take some time, so be patient while waiting for approval.

 A word of warning – filing an application starts a Federal legal proceeding that can be very confusing and complicated.  For this reason, and many others, the U.S. Patent and Trademark Office recommends that you work with a trademark attorney.  Learn why.

When Should You Trademark a Band Name?

Most experts agree that you should trademark a band name earlier rather than later. The process takes over a year, and your brand is exposed every day before the U.S. Patent and Trademark Office grants a registration.

Condensed Summary

When It Comes to Band Names, Trademarks are Your Best Friend

The answer is clear – you trademark a band name. Trademarks are specifically designed to protect brand identifiers like band names, logos, and slogans.

The U.S. Patent and Trademark Office (USPTO) accepts applications to trademark band names, and applicants register trademarks for band names (and logos) every day. Trademarking a band name offers strong and broad protection, ensuring that you have the exclusive legal right to use the name and prevent the use of any mark that is identical or confusingly similar to it.

 

Why Trademark a Band Name Instead of Copyrighting It?

Trademarks protect brands, like names of bands.  

 

Summing Up: Trademark Your Band Name for the Best Protection

So there you have it! Next time someone asks you whether to copyright or trademark a band name, you can confidently tell them to go for a trademark registration. This option provides stronger and more comprehensive legal protection bands.

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How to Copyright a Band Name

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The correct way to protect the name of a band is to trademark it. 

Copyright Band Name

By Michael Kondoudis, Music Trademark Attorney

This is our QUICK guide to copyrights for band names.

A lot of musicians and bands want to know how to protect their names. In fact, this is one of the most common questions our office gets. Unfortunately, there is a lot of conflicting information on the Internet about how to do it. Do you copyright or trademark a band name?

If you need to know how to protect a band name, this article is for you. In it, we discuss:

> How to Protect Band Names

> Copyrights vs. Trademarks

> How to Get a Band Trademark

> Condensed Summary

Let’s jump right in!

I. How to Protect Band Names

Can You Copyright a Band Name?

No, you cannot copyright a band name. Names, including the name of a band, do not qualify for copyright protection.  Copyrights protect creative works like songs, movies, and books. Names that cannot be copyrighted.

The way to protect a name, including the name of a band, is with a trademark.

Are Band Names Copyrighted?

No, band names are not copyrighted. Copyrights do not protect names, including band names. So, band names are not eligible for copyright protection.

The way to protect a name, including a band name, is with a trademark. Read our guide to trademarking your band name.

How to Copyright a Band Name

In short, you cannot copyright the name of a band. Names, including the name of your band, cannot be copyrighted. But you can often TRADEMARK the name of a band. 

• How to copyright a group name

You cannot copyright a group name. Names, including the name of your musical group, cannot be copyrighted. But you can often TRADEMARK a group name.

• Can a band name be copyrighted?

No. Names, including band names, do not qualify for copyright protection. This is because copyrights protect creative works like songs, movies, and books, but not names.

How Do You Protect a Band Name?

Trademarks. The best way to protect a band brand is to trademark the name, logo (artwork), and slogan that you use to promote it. Trademarks are the easiest and best way to protect any brand.

Read our guide about when you can trademark a band name.

Why You Should Protect Your Band Name

The name of your band is the cornerstone of your brand, and branding in the music business is as important as your music, videos, and live performances. 

II. Copyrights vs. Trademarks

Many people often confuse copyrights and trademarks. It’s important to understand the difference between the two to effectively protect your band name.

What is a Copyright?

A copyright is a type of intellectual property that protects original works of creativity, such as performances, musical compositions, and artworks. With copyright protection, the creator gains the exclusive rights to reproduce, distribute, or perform the work publicly. However, copyrights do not apply to names, titles, or short phrases.

Examples of copyrightable works include novels, songs, paintings, photography, and movies.

Since the name of a band is not a creative work, it does not qualify for copyright.

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What is a Trademark?

A trademark is a unique symbol that differentiates goods or services from one source from others. It defends and safeguards brands, including band names, and ensures your hard work in building a brand reputation does not go to waste. Some common types of trademarks include names, phrases, and logos.

By trademarking your band name, you legally secure the rights to that name and prevent others from using it without your permission.

Read more about the differences between trademarks and copyrights.

Are Band Names Copyrighted or Trademarked?

Band names are trademarked. They are not copyrighted. Names, including band names, do not qualify for protection under copyright law.

 

Why is a Trademark the Right Way to Protect a Band Name?

Trademarks are specifically designed to protect names, including band names. So, to protect your band name, you need to trademark it instead of copyrighting it.

Trademarking your band name confirms your legal ownership of it and is the surest way to prevent anyone else from trademarking it in the music and entertainment industries. 

Band names are brands. Trademarks protect brands.

III. How to Get a Band Trademark

You get a trademark for a band name by submitting an application to the U.S. Patent and Trademark Office and completing the examination process, which takes more than a year.  You can read our guide about how to trademark a band name here.

How Do You Trademark a Band Name?   

To trademark a band name, you need to apply to the U.S. Patent and Trademark Office.  Learn about how here. 

A word of warning – filing an application starts a Federal legal proceeding that can be very confusing and complicated.  For this reason, and many others, the U.S. Patent and Trademark Office recommends that you work with a trademark attorney.  Learn why.

Do You Need a Trademark Lawyer?

Federal registration of your band name ensures that it is protected.  Working with an experienced trademark attorney maximizes your chances of success during the application process; maximizes your trademark protections; and minimizes how long it will take.  Learn why here.

Working with an experienced trademark attorney often makes the difference between success and failure when it comes to trademark registration. Studies of USPTO data show that applicants who work with a trademark attorney are 50% more likely to register their band names. 

In fact, the U.S. Patent and Trademark Office recommends applicants work with trademark attorneys:

“we strongly encourage you to hire a U.S.-licensed attorney who specializes in trademark law to guide you throughout the application process.”

www.uspto.gov

USPTO_Warning

IV. Condensed Summary

If you are a musician looking to protect your band name and ensure its exclusive use in the music and entertainment industries, then you need a trademark, not a copyright. Many people get confused about the difference between these two legal protections, but it’s crucial to understand that names, including band names, do not qualify for copyright protection.

Trademarks, on the other hand, are specifically designed to protect names, phrases, and logos that differentiate goods or services from one source from others. By trademarking your band name, you’re essentially defending and safeguarding your brand in the music world.

 

Why You Should Trademark Your Band Name

Opting for a trademark over a copyright is vital when it comes to protecting your band name. Here’s why:

– A trademark is a unique symbol that identifies goods or services from one source and distinguishes them from others. It defends and safeguards brands, including band names.

– A copyright protects original works of creativity such as performances, musical compositions, and artworks. However, it does not extend its protection to names or titles, making it unsuitable for safeguarding band names.

Now that you know the difference, let’s walk through the process of trademarking your band name.

 

How to Trademark Your Band Name

  1. Submit an application to the U.S. Patent and Trademark Office. This process can be long and confusing, which brings us to our next step.
  1. Work with an experienced trademark attorney. Engaging a professional will maximize your chance of success and minimize the time it takes to protect your band name. They’ll guide you through the entire process, making it seamless and stress-free.

Final Thoughts

Don’t let your band name go unprotected – trademark it today to confirm your legal ownership and prevent anyone else from using it in the music and entertainment industries. After all, band names are brands, and trademarks protect brands. By safeguarding your band name, you’ll be able to grow your audience, build your reputation, and focus on what truly matters: making great music!

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Can You Trademark A Restaurant Name?

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Can You Trademark A Restaurant Name

By Michael Kondoudis, Restaurant Trademark Attorney

This blog answers the question: Can you use trademarks to protect a restaurant name?

If you need to know if trademarking can help protect your restaurant name, read on.  This guide is for you.

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Can You Trademark a Restaurant Name?

Yes, you can trademark a restaurant name. The U.S. Patent and Trademark Office accepts applications for restaurant names. Restaurant services are protectable with trademarks. So, you can trademark your restaurant name, logo, and any slogan used to promote your restaurant.

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Do You Need to Trademark a Restaurant Name?

Yes, you need to trademark the name of your restaurant. Trademarking the name of your restaurant confirms your legal ownership of the name and prevents anyone else in the restaurant, hospitality, and food service industries from trademarking it for their businesses.

If you do not protect the name of your restaurant’s name, anyone can use it and possibly even steal it.  If that happens, you would be forced to rebrand.

What Parts of a Restaurant Brand Can Be Trademarked?

The name, logo, and any phrase/slogan used to promote your restaurant can be trademarked.

Read why trademarks are the ultimate protection for any brand.

What Parts of a Restaurant Brand Cannot Be Trademarked?

Not every part of a restaurant brand can be trademarked.  You cannot trademark recipes and procedures. Trademarks protect how you identify and promote your food products and services. A trademark will not prevent another restaurant from creating foods similar to yours. 

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How Do You Trademark a Restaurant Name?   

To trademark a restaurant name, logo, or slogan, you need to apply to the U.S. Patent and Trademark Office.  Learn about how here. 

A word of warning – filing an application starts a Federal legal proceeding that can be very confusing and complicated.  For this reason, and many others, the U.S. Patent and Trademark Office recommends that you work with a trademark attorney.  Learn why.

When Should You Trademark a Restaurant Name?

Most experts agree that you should trademark a restaurant name earlier rather than later. The process takes over a year, and your brand is exposed every day before the U.S. Patent and Trademark Office grants a registration.

Condensed Summary

When It Comes to Restaurant Names, Trademarks are Your Best Friend

The answer is clear – you trademark a restaurant name. Trademarks are specifically designed to protect brand identifiers like restaurant names, logos, and slogans.

The U.S. Patent and Trademark Office (USPTO) accepts applications to trademark restaurant names, and applicants register trademarks for restaurant names (and logos) every day. Trademarking a restaurant name offers strong and broad protection, ensuring that you have the exclusive legal right to use the name and prevent the use of any mark that is identical or confusingly similar to it.

Why Trademark a Restaurant Name Instead of Copyrighting It?

Trademarks protect brands, like names of restaurants.  

Summing Up: Trademark Your Restaurant Name for the Best Protection

So there you have it! Next time someone asks you whether to copyright or trademark a restaurant name, you can confidently tell them to go for a trademark registration. This option provides stronger and more comprehensive legal protection for business owners looking to safeguard their restaurant’s names and brand identifiers.

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Trademark Class 33 – The COMPLETE Guide

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If you are in the business of wines, distilled spirits, and liquor and you want a trademark, you need to know about trademark class 33. Trademark class 33 protects alcohol brands.

Guide to Trademark Class 35

By Michael Kondoudis, Small Business Trademark Attorney

This is our COMPLETE guide to Trademark Class 33. This comprehensive guide:

  • discusses trademarking liquor
  • explains what Trademark Class 33 is and what it covers, 
  • illustrates which types of products are included in Trademark Class 33, and
  • shows how to register a trademark in Class 33.

Whether you’re new to trademarks or an experienced hand, if you need to know about trademark class 33, this guide is for you.

Let’s get started!

I. All About Trademarking Liquor

Can You Trademark Liquor?

Yes, you can trademark liquor. Alcoholic beverages can be trademarked. This includes the names and logos used to brand distilled spirits and liquors such as whiskey, vodka, gin, rum, tequila, brandy, and other similar products.  Beer can also be trademarked.

U.S. Trademark No. 2,095,678 for GREY GOOSE

Grey Goose Liquor Trademark

U.S. Trademark No. 3,066,254 for BACARDI

Bacardi Liquor Trademark

Why Trademark Liquor?

Trademarking liquor allows producers and distributors to have exclusive rights over their brands, including brand names, logos, and designs. This legal protection prevents competitors from using confusingly similar names, packaging, or logos and helps to establish brand recognition and customer loyalty. Additionally, trademarking liquor allows companies to prevent counterfeit products from entering the market, protecting consumers from potentially harmful or lower-quality products. Ultimately, trademarking liquor provides brand protection, loyalty, and consistency in a highly competitive marketplace.

Where Do You Trademark Liquor?

You can trademark liquor by filing a trademark application with the United States Patent and Trademark Office (USPTO). The application process typically involves identifying the specific products or services that you wish to trademark, selecting the appropriate trademark class or classes, and providing evidence of your use of the mark in commerce.

How to Trademark Liquor

The process of filing a Class 33 trademark application involves submitting the necessary paperwork and information to the appropriate body, such as the U.S. Patent and Trademark Office (USPTO). The application must include an accurate description of the goods or services associated with the mark, as well as the correct classification number for Class 33. Additionally, certain fees may be required in order to complete the registration process. Once all of this information is submitted, it will typically be reviewed by an analyst in order to determine if the application meets all necessary requirements before being approved or denied.

 II. All About Trademark Class 33

What is a Trademark Class?

The United States Patent and Trademark Office’s (USPTO) uses a classification system to categorize the  product and service that can be listed in a trademark application. This classification system allows for efficient and organized categorization of trademarks, making it easier for the registration process and also making it easier to search for prior existing trademarks in the same class. The USPTO’s classification system comprises 45 separate classes, with 34 of the classes containing goods and the remaining 11 classes being for services.

Each trademark class is for a specific type of product or service, and a trademark owner must identify the class or classes in which they want to register their trademark. For example, Class 25 includes clothing and other items related to apparel, while Class 5 includes pharmaceuticals.

What is Trademark Class 33?

Trademark class 33 is the USPTO class for most alcoholic beverages, including distilled spirits and and liquor. Trademark Class 33 includes alcoholic beverages like wine, whiskey, tequila, champagne, but not beer.  Beers are classified in Trademark Class 32. 

Trademark class 33 is one of the 45 classes that the United States Patent and Trademark Office (USPTO) uses to categorize the products and services that can be listed in a trademark application.

Trademark class 33 is among the most popular and frequently used trademark classes.

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What Does Trademark Class 33 Cover?

Trademark Class 35 covers distilled spirits, liquors, and alcoholic beverages like wine, rum, whiskey, and hard ciders.  Most products associated with alcoholic drinks are covered by Trademark Class 33, except beers.   

Who Uses Trademark Class 33?

Trademark class 33 is used by companies that produce and market distilled spirits and liquor, including whiskey, vodka, gin, rum, tequila, brandy, and other spirits. It is also used by companies that produce wine, champagne, and other similar products that contain alcohol. This includes both large international companies and smaller craft producers. 

By registering their trademarks under class 33, these companies are able to protect their brands and products from competitors seeking to use similar marks in the marketplace.

Class 33 Liquor Brands

Some examples of companies that use Trademark Class 33 include Jack Daniel’s, Bacardi, Jose Cuervo, and Hennessy.

What is Included in Trademark Class 33?

This trademark class includes a variety of alcoholic drinks, distilled spirits, and liquors.  Trademark Class 33 includes distilled spirits, premixed alcoholic beverages, wine, and hard ciders.

Trademark class 35 is an important trademark class in the United States.

What are Examples of Trademark Class 33 Products?

Examples of trademark class 33 products are distilled spirits like whiskey, rum, bourbon, and vodka, along with wine and champagne. 

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Top 10 Examples of Trademark Class 35 Services

    1. Wines
    2. Hard Ciders
    3. Gins
    4. Vodkas
    5. Bourbons
    6. Whiskeys
    7. Brandies
    8. Cocktail mixes
    9. Tequilas
    10. Rums

III. All About Class 33 Trademarks

What is a Class 33 Trademark?

A class 33 trademark is a trademark for an alcoholic beverage that falls into the United States Patent and Trademark Office’s (USPTO) class 33, which is the trademark class for alcoholic beverages, including distilled spirits, wines, and champagne.   

What is a Class 33 Trademark Used For?

Class 33 trademark is used to protect the brand names of alcoholic beverages, except for beers. These may include distilled spirits and liquor such as whiskey, vodka, gin, rum, tequila, brandy, and other similar products, as well as wine, champagne, and other alcohol-containing beverages. By registering a trademark under class 33, companies are able to establish their exclusive rights to use the trademark in the marketplace, and protect themselves against potential trademark infringement. This can help companies establish and maintain their brand recognition, and prevent competitors from taking advantage of their established customer base.

Upon successful registration, the owner is provided with various legal rights, such as being able to initiate lawsuits against anyone who infringes on the trademark. By registering their trademarks under class 33, these companies are able to protect their brands and products from competitors seeking to use similar marks in the marketplace.

What Does a Class 33 Trademark Cover?

A class 33 trademark covers various alcoholic beverages except for beers. It includes distilled spirits and liquors such as whiskey, vodka, gin, rum, tequila, brandy, and other similar products. It also covers wine, champagne, and other similar products that contain alcohol. By registering a trademark under class 33, companies can protect their products and brands from being unlawfully copied or imitated in the market.

Registering a class 35 trademark is essential for service providers looking to safeguard their rights in their respective lines of business.

What are the Benefits of a Class 33 Trademark?

A class 33 trademark ensures protection services that are exclusive to the owner. By registering in this trademark class, businesses can secure their name and identity while being able to prevent others from infringing upon it. Companies also gain legal protection overall commercial activities related to their brand, allowing them to keep their intellectual property safe. In addition, registering a class 33 trademark allows businesses to benefit from all the possible advantages of owning a trademark: increased recognition and protection against competitors who might seek financial gain from an existing product or service without prior authorization.

How to Get a Class 33 Trademark

These are the general steps to trademark liquor:

  1. Search for existing trademarks: Before registering a trademark for liquor, it’s important to ensure that the mark is not already being used by another company for similar products. Conduct a search on the USPTO database, or hire a trademark attorney to conduct a comprehensive search.

  2. Choose an appropriate trademark class: Liquor products fall under trademark class 33, which covers alcoholic beverages except beers. 

  3. Submit a trademark application: File an application through the USPTO website. 

  4. Respond to any office actions: The USPTO may issue an office action if they require additional information or clarification about your application. 

  5. Wait for trademark registration: Once your application is approved, your trademark will be published in the Official Gazette for opposition. If no one opposes the registration, your trademark should be officially registered within the next few months.

Beware: Trademarking liquor can be a complex process!

How Do I Apply for a Class 33 Trademark?

To apply for a class 33 trademark, you must file an application with the United States Patent and Trademark Office (USPTO). The USPTO will review your application to determine if it meets the necessary requirements for registration. The most important requirement is that your mark must be distinctive enough to distinguish your product or service from similar products or services on the market. Once the USPTO approves your application, your trademark will be registered in the official USPTO database.

Class 33 Trademark Brands

Top 10 Examples of Class 33 Trademarks

    1. Jack Daniel’s – whiskey
    2. Bacardi – rum
    3. Jose Cuervo – tequila
    4. Grey Goose – vodka
    5. Martell – brandy
    6. Johnnie Walker – whiskey
    7. Hennessy – cognac
    8. Moet & Chandon – champagne
    9. Chivas Regal – scotch whiskey
    10. Kendall-Jackson – wine
    11. Captain Morgan – rum
    12. Belvedere – vodka
    13. Bombay Sapphire – gin
    14. Cristal – champagne
    15. Patron – tequila.

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An EASY Guide to Campbell’s MMM MMM GOOD Slogan

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The MMM MMM GOOD slogan is one of the Campbell Soup Company’s most valuable trademarks.

MMM MMM GOOD Slogan Kondoudis

By Michael Kondoudis, Small Business Trademark Attorney

This is our EASY guide to the MMM MMM GOOD slogan.

The blog post dives into the history and significance of Campbell’s soup trademarks, particularly its “Mmm Mmm Good” slogan. So, if you need to know about Campbell’s trademarks, especially its MMM MMM GOOD slogan, read on. This blog post is for you.

Let’s dive in!

Introduction

Campbell’s is one of America’s most beloved and iconic brands. For over 100 years, the company has built an iconic brand with instant recognition. Part of the reason for this instant recognition is the company’s use of trademarks. The company owns over 200! Still, some are far more famous than others. Perhaps the best known is Campbell’s “MMM MMM GOOD” slogan.

The Origin and History of Campbell’s

Campbell’s was first created in 1869 by Joseph Campbell and Abraham Anderson. Originally, the company was called “Anderson & Campbell,” and its primary product was canned tomatoes, preserves, jellies, and soups. In 1897, the company created its first condensed soup, introducing the concept of a portable and easily prepared meal. This revolutionary product was an instant success, and soon Campbell’s became known for its tasty and convenient soups.

During World War I, Campbell’s became a staple in the diets of soldiers serving overseas. The U.S. government relied heavily on Campbell’s soups to feed soldiers, so the company saw a significant increase in business. By the end of the war, Campbell’s had become a household name in America.

Campbell’s continued to innovate and expand its product lines in the following decades. In the 1930s, the company introduced its famous tomato soup, which quickly became a fan favorite. Throughout the 1940s and 1950s, Campbell’s added new soup varieties such as chicken noodle, cream of mushroom, and vegetable soup.

In the 1960s, Campbell’s expanded beyond soup, introducing products such as SpaghettiOs, V8 juices, and Prego pasta sauces. Also, the company continued to experiment with new flavors and recipes, with its Golden Mushroom and Beefy Mushroom soups becoming hugely popular.

Today, Campbell’s remains a beloved brand for many. The company has continued to innovate, introducing low-sodium and heart-healthy options and expanding its plant-based offerings. While the company has faced criticism for its use of preservatives and high sodium content in its products, it remains a household name and a symbol of convenience and comfort food.

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The Origin of the MMM MMM GOOD Slogan

In the early days of the company, Campbell’s used various slogans for its soup products, including “Campbell’s Soup…Good, Better, Best,” and “Campbell’s Famous Food.”

In the early 1930s, Campbells’ introduced the slogan MMM MMM GOOD with the launch of their chicken noodle soup. The iconic slogan quickly became synonymous with the Campbell’s brand and was such a hit with consumers that Campbell’s decided to make it their official slogan.

Since then, the phrase “MMM MMM GOOD” has become a part of American culture, and the company continues to use it. In fact, the slogan MMM MMM GOOD is widely recognized as one of the most iconic advertising slogans in history.

The success of the MMM MMM GOOD slogan can be attributed to its simplicity and memorability. The phrase is easy to remember and rolls off the tongue. Plus, the repetition of the “mmm” sound gives the slogan a comforting and satisfying feeling.

Is MMM MMM GOOD Slogan Trademarked?

Yes, the slogan MMM MMM GOOD Is trademarked. It is a registered trademark owned by Campbell’s. The U.S. Patent and Trademark Office awarded Campbell’s a federal trademark registration for the phrase MMM MMM GOOD in the 1930s.

U.S. Trademark Registration No. 3,612,847

Trademark for MMM MMM GOOD Slogan

The slogan MMM MMM GOOD is one of the company’s oldest registered trademarks.

Why did Campbell’s Trademark the MMM MMM GOOD Slogan?

Campbells registered the slogan MMM MMM GOOD as a trademark to ensure that it legally owns the exclusive right to use the famous phrase for foods.

By registering its trademarks with the USPTO, Campbell’s Soup can ensure that its name and brand are protected from infringement and misuse by competitors. This helps customers find Campbell’s products and keep the company’s brand distinctive.

Trademark law protects the rights of brand owners and prohibits others from using similar or identical marks in connection with similar or related goods or services. This means that no other soup manufacturer can use the same red and white can design or the “M’m! M’m! Good” slogan.

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Does Campbells Own Other Trademarks?

Yes. Campbell’s owns many trademarks.

As part of the company’s long-standing commitment to protecting its name and assets, Campbell’s has secured many trademark registrations in the United States 

Campbell’s has a wide variety of registered trademarks that help to protect the company’s name, brand, and products.

Trademark Registration for CAMPBELL’S

Perhaps the most famous mark associated with the Campbell’s Soup Company is “Campbell’s®,” which is registered for condensed soups. 

U.S. Trademark Registration No. 48461

Campbells Trademark Registration No. 48461

Trademark Registration for CHUNKY Soup

“Campbell’s Chunky®” is a sub-brand of Campbell’s Soup, which is registered under Reg. No. 2,323,322 and covers products such as canned soups with chunks or pieces of meat or vegetables in them.

U.S. Trademark Registration No. 5,637,325

Campbells Trademark Registration No 5637325

Trademark Registration for Red + White Cans

Another significant trademark that Campbell’s has is the red and white cans. This packaging was first used in 1899 and has become synonymous with the brand itself. The colors, red and white, have also been used to create various logos for Campbell’s Soup, with the classic design of a spoon dipping into a bowl of soup being one of the most famous.

U.S. Trademark Registration No. 2066673

Campbells Trademark Registration No 2066673

These trademarks help distinguish Campbell’s from other brands and make it easier for customers to identify Campbell Soup Company products when shopping.

Closing

The history and importance of Campbell’s trademarks are significant. From the MMM MMM GOOD slogan to the red and white cans, these trademarks have become synonymous with the brand and help distinguish it from others in the market. Campbell’s soup takes the protection of its intellectual property seriously to ensure that customers are not confused when shopping for their products. As a result, these trademarks have not only become iconic but valuable assets of the company.

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Trademark Class 35 – The COMPLETE Guide

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If you’re a business owner, it’s vital to understand trademark class 35 because it relates to advertising, business, and office functions.

Guide to Trademark Class 35

By Michael Kondoudis, Small Business Trademark Attorney

This is our COMPLETE guide to Trademark Class 35. This comprehensive guide will explain what trademark class 35 is, why it matters for your business, and how to register a trademark in this class. Whether you’re new to trademarks or an experienced hand, if you need to know about trademark class 35, this guide is for you.

Let’s get started!

What is a Trademark Class?

A trademark class is a part of the United States Patent and Trademark Office’s (USPTO) classification system for the products and services that can be listed in a trademark application. The USPTO’s trademark class system comprises 45 separate classes.

A trademark class is a category used to classify different types of goods and services for the purpose of registering trademarks. These classes are divided into 45 distinct categories, with each category representing a certain type of product or service. For example, Class 35 includes services related to advertising and business management, while Class 25 includes clothing and other items related to apparel.

What is Trademark Class 35?

Trademark class 035 is for business and advertising services, including retail services. These services would include those provided to businesses.

Trademark class 35 is one of the 45 classes that the United States Patent and Trademark Office (USPTO) uses to categorize the products and services that can be listed in a trademark application.

Trademark class 35 is among the most popular and frequently used trademark classes.

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What Does Trademark Class 35 Cover?

Trademark Class 35 covers advertising and business services. Most services associated with advertising, carrying out, and managing commercial businesses are covered in Class 35. 

What is Included in Trademark Class 35?

Trademark class 35 is an important classification under trademark law in the United States. This trademark classification applies to a variety of services that are specifically related to business and advertising. This includes services provided by retail stores, online shops, and professional services that accommodate businesses with advertising, marketing, and sales techniques.

What are Examples of Trademark Class 35 Services?

Examples of trademark class 35 services are marketing, consulting, public relations services, advertising agency services, and managing corporate enterprising. Additional examples include customer loyalty programs, consumer sales promotion services, distribution of products for advertising purposes, and retail store services.

Top 10 Examples of Trademark Class 35 Services

  1. Advertising agency services for promoting the goods and services of others
  2. Retail store services
  3. Marketing (email, social media, print)
  4. Arranging and conducting promotional events and trade shows
  5. Brand management services
  6. Business consulting services in the field of marketing, advertising, and promotion
  7. Business research and information services
  8. Business risk consulting services
  9. Marketing consulting services
  10. Online advertising and marketing services

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What is a Class 35 Trademark?

A class 35 trademark is a trademark for business and retail services that fall into the United States Patent and Trademark Office’s (USPTO) class 35 for services related to advertising and business management.   

What is a Class 35 Trademark Used For?

Trademark class 035 is used to protect services related to advertising, business management, and retail store services. A class 35 trademark protection gives businesses peace of mind that their unique mark will not be infringed upon, helping them maintain their hard-earned reputation and brand recognition.

Examples include advertising services, marketing services, promotional services, business consultation, and project management. Businesses that use these services can register their logo or slogan as a class 035 trademark, ensuring exclusive use. Upon successful registration, the owner is provided with various legal rights, such as being able to initiate lawsuits against anyone who infringes on the trademark.

What Does a Class 35 Trademark Cover?

A trademark in class 35 covers advertising and business management services, such as creating marketing plans, providing professional advice, and protecting the trademark owner from infringement. Registering a class 35 trademark is essential for service providers looking to safeguard their rights in their respective lines of business.

What are the Benefits of a Class 35 Trademark?

A class 35 trademark ensures protection services that are exclusive to the owner. By registering in this trademark class, businesses can secure their name and identity while being able to prevent others from infringing upon it. Companies also gain legal protection overall commercial activities related to their brand, allowing them to keep their intellectual property safe. In addition, registering a class 35 trademark allows businesses to benefit from all the possible advantages of owning a trademark: increased recognition and protection against competitors who might seek financial gain from an existing product or service without prior authorization.

How to Get a Class 35 Trademark

The process of filing a Class 35 trademark application involves submitting the necessary paperwork and information to the appropriate body, such as the U.S. Patent and Trademark Office (USPTO). The application must include an accurate description of the goods or services associated with the mark, as well as the correct classification number for Class 35. Additionally, certain fees may be required in order to complete the registration process. Once all of this information is submitted, it will typically be reviewed by an analyst in order to determine if the application meets all necessary requirements before being approved or denied.

How Do I Apply for a Class 35 Trademark?

To apply for a class 35 trademark, you must file an application with the United States Patent and Trademark Office (USPTO). The USPTO will review your application to determine if it meets the necessary requirements for registration. The most important requirement is that your mark must be distinctive enough to distinguish your product or service from similar products or services on the market. Once the USPTO approves your application, your trademark will be registered in the official USPTO database.

Top 10 Examples of Class 35 Trademarks

  1. GOOGLE (Internet Advertising)
  2. WALMART (Retail Store Services)
  3. MICROSOFT (Business Consultation and Advertising Services)
  4. EBAY (Online Retail Store Services)
  5. DELOITTE (Accounting + Bookkeeping Services)
  6. KOHL’S (Retail Store Services)
  7. J.P. MORGAN (Financial Records Services)
  8. AMAZON (Online Retail Store Services)
  9. NYSE (Online NFT Marketplaces)
  10. TARGET (Retail Store Services)

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What is a Dead Trademark – A COMPLETE Guide

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Dead Trademarks can be used much of the time but you need to be careful to understand why the mark is dead or you could risk a claim of infringement.

Guide to Dead Trademarks

By Michael Kondoudis, Small Business Trademark Attorney

This is our COMPLETE guide to dead trademarks.

A trademark can “die” for any number of reasons.  This guide explains what a Dead Trademark is, how a trademark can “die,” and what a Dead Trademark means for competing brands.

If you want to know about Dead Trademarks, including if you can use a Dead Trademark, then read on. This guide is for you.

What is a Trademark?

A trademark is a unique word, sign, or symbol that distinguishes a product, service, or business from the competition. The most popular trademarks are names, words, logos, and phrases. Trademarks protect words, symbols, phrases, and logos that identify particular goods or services.

A trademark owner can take legal action when a competitor tries to use the trademark (or anything confusingly similar) without permission.

Trademarks ensure that customers can easily identify the products they want in the marketplace and receive consistent quality service each time. Essentially, trademarks make products and services easier to spot in the crowd.

The U.S. Patent and Trademark Office (USPTO) regulates trademarks in the US. To register a trademark with the USPTO, you must file an application with the USPTO, which will review the application and decide whether to approve or deny it.

What is a Dead Trademark?

A Dead Trademark is a trademark that has been canceled by the USPTO, invalidated by a Court, or abandoned by its owner.

Every Dead Trademark was once registered or applied for, but the US Patent and Trademark Office doesn’t recognize it anymore because it has been abandoned by the owner, invalidated by a Court, or canceled by the USPTO.

The term “Dead Trademark” refers to trademarks that have lost their federal legal protections or were the subject of a failed USPTO trademark application. Dead trademarks are not protected by the USPTO or federal courts. Dead trademarks cannot be used to block pending trademark applications.

Every year many thousands of trademarks are abandoned, canceled, or invalidated. So, encountering a Dead Trademark is not uncommon.

What Does it Mean If a Trademark is Dead?

A Dead Trademark means that the owner of a trademark has lost federal legal rights to it. This means anyone can register the logo or phrase for their use. Many businesses take advantage of this by assuming ownership of the Dead Trademark so they can rebrand without putting much effort into creating something new. In this way, Dead Trademarks can present a unique chance for businesses to add new elements to their branding strategy.

When a trademark is “dead,” it means that anyone can use it without fear of legal repercussions from the original trademark owner.

A Dead Trademark is generally available for anyone else to register, making it an opportunity to take ownership of an old, inactive logo or phrase. Taking ownership of a Dead Trademark is a popular method for businesses to gain a new brand without starting from scratch.

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How Does a Trademark Die?

A Dead Trademark happens when a trademark is abandoned by its owner, canceled by the USPTO, or invalidated by a Court.

Trademark Abandonment

Abandonment

Generally, abandonment occurs when a trademark owner stops using it in the marketplace to distinguish a product, service, or business from the competition. This means the trademark isn’t used to show that a product or service is different from the competition. Also, a trademark owner can request that the USPTO abandon its registered trademark.

When someone stops using their trademark, it is called abandonment. An abandoned trademark is a dead trademark and is unenforceable.

Trademark Cancellation

Cancellation

Generally, this occurs when the owner fails to submit renewal documents as the USPTO requires. In other words, they have either stopped using the mark or have not paid renewal fees to keep it active.

Trademark rights can last forever, but only when the owner maintains their registration at the USPTO. On certain anniversaries, the owner must submit certain documents to the USPTO. When a trademark owner fails to maintain a registration, the USPTO will cancel it for “non-renewal.” The USPTO can also cancel a trademark registration after a cancellation proceeding.

A canceled trademark is a dead trademark and is unenforceable.

Invalidation

Generally, invalidation occurs when a court determines that a trademark infringes another trademark, or the owner lets the mark become generic through misuse. Sometimes a court decides that one trademark looks too much like another. Or, if the owner does not use their trademark correctly, it might become generic, and the court will not protect it.

An invalid trademark is a Dead Trademark and is unenforceable.

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If a Trademark is Dead Can I Use It?

Yes, if a trademark is dead, you can probably use it. It is possible to use a Dead Trademark.  

It is possible to claim a Dead Trademark, but there may be repercussions from the original owner if they decide to use it again in the future. So, while it is possible to claim a Dead Trademark, you may expose yourself to a claim of infringement if the original owner still has rights to the trademark and decides to use it again.

Ultimately, it is important to ensure that the trademark has been canceled, invalidated, or the original owner has stopped using the mark. Otherwise, the original owner could potentially have legal rights to the trademark and might challenge your use as trademark infringement.

Can You Register a Dead Trademark?

Yes, individuals and companies can register and use Dead Trademarks.

It may seem strange to think of registering a dead trademark, but it can be done in certain circumstances. Dead trademarks are those that have become abandoned or are no longer used by their owners. The USPTO (United States Patent and Trademark Office) will accept an application to register a Dead Trademark.

The first step is to consult an experienced trademark counselor or attorney to determine if the mark can be registered.

But Beware!

Dead trademarks can be tricky legal matters to navigate as they are not always easy to identify. They often change hands several times. Determining whether a trademark is dead requires a careful analysis to evaluate whether the mark has been abandoned, invalidated, or canceled.

Can You Revive a Dead Trademark?

Yes, if the Dead Trademark is the subject of an unsuccessful application you can file a petition with the United States Patent and Trademark Office (USPTO) can help to reinstate your application. The USPTO will review your petition and may allow you to continue with your trademark registration if all requirements are met.

When filing a petition to revive an abandoned trademark application, you must include certain information, such as the reasons why your application was abandoned and what will be done to address the issues that led to its abandonment. You may also need to prove that you are still interested in obtaining the trademark. Depending on the circumstances, you may be required to pay additional fees or undergo additional examination by the USPTO.

If your petition is approved, you will be allowed to continue with the trademark registration process, and your application will resume from its abandoned status. This can be lengthy and complicated, so it’s important to ensure all requirements are met before filing a petition. Once your trademark is successfully registered, it will be protected under federal law. You will have exclusive rights to use the mark for the goods or services specified in your registration.

Although filing a petition is necessary to revive an abandoned trademark application, it’s important to remember that there is no guarantee that the USPTO will approve your petition. Understanding the risks involved in pursuing a trademark registration before filing a petition is important. Additionally, you should consult with a qualified attorney to ensure that all requirements are properly met and that your application is handled correctly throughout the process.

With experienced guidance, reviving an abandoned trademark application can be a successful endeavor. Filing a petition with the USPTO may be your only chance to save your application and protect your brand, so it is important to understand the process of filing a petition and all that is required for success.

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