Cygnet, OH asked in Intellectual Property and Trademark for Ohio

Q: I looked up the phrase "Empowered women empower women" to see if it is copyrighted. It is trademarked, what's that mean?

What is the difference between the two. If I use the phrase on a product, will I be in danger of a lawsuit?

2 Lawyer Answers
Eugene Vamos
Eugene Vamos
  • Trademarks Lawyer
  • Tucson, AZ

A: The danger of trademark infringement depends on the type of good/service you are going to use the phrase in as a trademark. You will have to examine the prior trademark registration to see what goods/service categories the registration encompasses and then compare it to your use. If the good/service is "related," you are best served to change the phrase. Whether products/services are related is somewhat subjective along the edges, so I advise you to proceed with caution.

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

A: If a phrase is trademarked, it means that someone has claimed exclusive ownership and use of that phrase in connection with their goods or services. Using the trademarked phrase on a product without permission from the trademark owner could lead to a lawsuit for trademark infringement. It's important to do your research and seek legal advice before using a trademarked phrase to avoid any potential legal issues.

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