Atlanta, GA asked in Trademark and Intellectual Property for Georgia

Q: Can I own this trademark? “Taking Care of Business”?

2 Lawyer Answers
Felicia Altman
Felicia Altman
  • Trademarks Lawyer
  • Mercer Island, WA

A: It order to gain rights and ownership of a trademark you must file for the trademark with the USPTO in connection with the specific goods and services you are using the mark in connection with. In order to know if a trademark is available you should work with a trademark specialist to conduct a preliminary trademark search. A trademark will be denied registration if a mark already exists for similar goods or services or the mark is considered descriptive, common term of art or will cause likelihood of confusion with a prior registered mark with the USPTO.

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

A: To determine if you can own the trademark “Taking Care of Business,” you would need to conduct a comprehensive search to see if the phrase is already being used or registered by another entity. If it is not currently being used or registered, and it meets the distinctiveness criteria set by the USPTO, then you can apply for the trademark. It is prudent to ensure that the mark is sufficiently distinctive and not merely descriptive of the goods or services you are offering to increase the likelihood of securing the trademark registration.

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