Corbin, KY asked in Copyright, Patents (Intellectual Property) and Trademark

Q: Can I use the words choose happy on a shirt

I did a search for choose happy on this site and coke has it trademarked. I was wondering if I can still put it on a shirt since it has nothing to do with coke products or drinks.

2 Lawyer Answers
Evelyn Suero
Evelyn Suero
Answered
  • Trademarks Lawyer
  • Miami, FL

A: You should conduct a clearance search with a professional to determine if that phrase is confusingly similar to an existing trademark.

Barbara Berschler
Barbara Berschler
Answered
  • Trademarks Lawyer
  • Rockville, MD

A: In addition to Ms. Suero's comment, what is the purpose of the mark? Is it to be associated with clothing or something else? As for copyright protection, being a phrase it is too short to be covered and the phrase seems to be used in numerous ways alaready.

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