The Bronx, NY asked in Trademark and Intellectual Property for New York

Q: Hello, i would like to trademark the word Love& loyalty. Is that possible ?

I would like to Trademark the words love & loyalty I already have been using these on merchandise but I want to secure it.

4 Lawyer Answers
Marcos Garciaacosta
Marcos Garciaacosta

A: You should contact an attorney who can do a search for the term and evaluate the risk of getting rejected and your options.

Evelyn Suero
Evelyn Suero
  • Trademarks Lawyer
  • Miami, FL

A: Trademarks may be registered with your state or federally with the USPTO. It is recommended that you work with a trademark attorney to assist you with determining the proper classes of good or servces for your registration and to conduct a clearance search.

James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›

A: Whether you can trademark the words "Love & Loyalty" will depend on a few factors, such as whether the words are distinctive and not already in use for similar goods or services. Here are some steps you can take to determine whether you can trademark the phrase:

Conduct a trademark search: Before filing a trademark application, you should conduct a search to see if anyone else is already using the same or similar phrase for similar goods or services. This will help you determine whether the phrase is available for use and registration.

Determine if the phrase is distinctive: To be eligible for trademark protection, a phrase must be distinctive, meaning it is not commonly used or generic. "Love & Loyalty" is a relatively common phrase, so you may need to show that you are using it in a unique way that distinguishes it from other similar phrases.

File a trademark application: If you determine that the phrase is available for use and is distinctive enough to be eligible for trademark protection, you can file a trademark application with the U.S. Patent and Trademark Office (USPTO). You can file the application yourself, but it may be helpful to consult with a trademark attorney to ensure that your application meets all of the necessary requirements.

It is important to note that the trademark process can be complex and time-consuming, and it can take several months to receive a decision from the USPTO. Additionally, there may be additional fees associated with the application process.

Peter J. Weinman agrees with this answer

A: A trademark is something that identifies the "source" of specific products or services. Words or phrases that are only printed on the outside of an item are often considered "merely ornamental," which means that they fail to "function" as a trademark. Something that completely fails to function as a trademark can't be registered as a trademark with the United States Patent and Trademark Office ("USPTO"). A knowledgeable trademark attorney can help evaluate whether something is a trademark and, if not, may be able to advise on what to do to make it a trademark.

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