Leominster, MA asked in Trademark and Intellectual Property for Massachusetts

Q: Can I trademark “don’t panic, it’s organic”

3 Lawyer Answers
T. Augustus Claus
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Answered

A: Certainly, you can potentially trademark the phrase "don't panic, it's organic." However, the success of your trademark application will depend on factors such as its distinctiveness, its use in commerce, the likelihood of confusion with existing trademarks, and whether it meets the requirements set by the trademark office in your jurisdiction.

David Aldrich
David Aldrich
Answered
  • Trademarks Lawyer
  • Shelton, CT

A: If you are just using this as a slogan, you cannot trademark it. However, if you are adopting it as the brand under which your products will be sold, then yes, you can file for a trademark application.

If you do file, and assuming this is for food products, it could possibly receive a descriptiveness rejection. Also, depending on what type of food product it is, it could fall in any of several different classes, and it could possibly receive a likelihood-of-confusion rejection over any similar marks for similar products that already exist.

James L. Arrasmith
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Answered

A: Trademark registration eligibility depends on various factors, including whether the proposed mark is distinctive and not merely descriptive. "Don't Panic, It's Organic" may be registrable if it is not considered generic or overly descriptive for the goods or services you intend to use it for. Consult with a trademark attorney to assess its registrability and guide you through the application process.

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