Asked in Copyright and Trademark for North Carolina

Q: Is "Financing The American Dream" Trademarked or Copyrighted by anyone? My company is interested in using it as a taglin

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3 Lawyer Answers
Joanne Belasco
Joanne Belasco
Answered
  • Trademarks Lawyer
  • Wilmington, MA

A: It sounds like you want to use it with your brand. If that is the case, then it would be a trademark. It's best to hire a trademark attorney to do a comprehensive search. While that slogan may not be trademarked, there may be one that is so close to it that it causes confusion in the marketplace, thereby preventing you from getting the mark registered.

Bernard Samuel Klosowski agrees with this answer

Bernard Samuel Klosowski
Bernard Samuel Klosowski
Answered
  • Trademarks Lawyer
  • Greenville, SC

A: Copyright is not used for names, slogans, etc. But a short phrase might be protectable and usable as a trademark or service mark.

This is not legal advice, but it appears there is a mark "BUILDING AND FINANCING THE AMERICAN DREAM" that is federally registered and being used for land and building development. Trademark registrability, use, and infringement considerations are fact-specific undertakings that require analyses of the marks, their underlying goods/services, channels of trade, and other factors.

I strongly recommend consultation with a trademark attorney to review a specific situation before a mark is selected and used in commerce.

Best regards,

Ben Klosowski

Registered U.S. Patent Attorney*

Thrive IP® INTELLECTUAL PROPERTY LAW FIRM

220 N. Main Street, Suite 500

Greenville, SC 29601

Tel. 864.351.2468

Fax 866.747.2595

Ben@Thrive-IP.com

www.Thrive-IP.com

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

A: Consult with a trademark attorney to assist you with conducting a clearance search for the trademark you wish to use.

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