Revere, MA asked in Copyright, Patents (Intellectual Property) and Trademark for Massachusetts

Q: Hi, I created unique aphorisms and want print them on clothes. How prevent copying of aphorisms?

Should I patent it as intellectual property? or copyright?

Should I go to lawyer or I can do it by myself online?

Thank you

2 Lawyer Answers
Kevin E. Flynn
Kevin E. Flynn
PREMIUM
Answered
  • Patents Lawyer
  • Chapel Hill, NC

A: Patents are not the answer as the patent part of the PTO does not care about the text; they care about the function or the ornamental design.

You can chase a trademark (need to specify trademark to get this to a TM lawyer on JUSTIA).

Not a perfect fit as a trademark is intended to be a mark that indicates a source of goods. However folks like Taylor Swift have obtained federal trademarks on phrases associated with them such as "This Sick Beat" and "Nice to meet you. Where you been?"

See USPTO trademark records for Taylor Swift via this link.

http://tmsearch.uspto.gov/bin/showfield?f=toc&state=4802%3Ar6z75e.8.1&p_search=searchss&p_L=50&BackReference=&p_plural=yes&p_s_PARA1=live&p_tagrepl%7E%3A=PARA1%24LD&expr=PARA1+AND+PARA2&p_s_PARA2=Taylor+Swift&p_tagrepl%7E%3A=PARA2%24OW&p_op_ALL=AND&a_default=search&a_search=Submit+Query&a_search=Submit+Query

I hope this helps.

Kevin E Flynn

Jason Brooks
Jason Brooks
Answered
  • Trademarks Lawyer
  • los angeles, CA

A: Hi Angelina, what you’re looking for is a trademark for use in apparel. I can help you with that. Email me at: Jason@altviewlawgroup.com to discuss.

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