Buffalo, NY asked in Trademark for New York

Q: Looking for info on how a city trademarks its slogan. Is there a legal process for this? Ie NYC- City that never sleeps

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Robert E. Wasserman
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Answered
  • Trademarks Lawyer
  • Los Angeles, CA

A: Such commonly recognized slogans are challenging to register.

A USPTO examiner would very likely issue an office action refusal based on "failure to function as a trademark" because such common slogans are not distinctive and consumers would not clearly identify that a municipality was the originating source of the goods/services in connection with the mark. Having said that, there are many subjective layers to trademark application and prosecution. A good trademark attorney can craft excellent persuasive arguments. The specific facts of the case are essential to crafting said arguments.

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