Wellington, FL asked in Intellectual Property and Trademark for Florida

Q: Can l trade mark the Slogan “US Star Open I will play it one day”

2 Lawyer Answers
James L. Arrasmith
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A: Yes, you can apply to trademark a slogan like “US Star Open I will play it one day” in the United States, provided it meets certain criteria. The United States Patent and Trademark Office (USPTO) requires that a trademark be distinctive and used in commerce to identify and distinguish goods or services.

To trademark your slogan, it should not be merely descriptive or generic regarding the goods or services it represents. It needs to be unique and not likely to be confused with existing trademarks. The slogan should also be used in a commercial setting, meaning it's utilized in the selling or advertising of products or services.

The process involves conducting a search to ensure your slogan isn’t too similar to existing trademarks, filing an application with the USPTO, and possibly responding to any objections or refusals from the trademark examiner. This process can be complex and time-consuming.

Given the intricacies involved in trademark registration, it might be beneficial to consult with an attorney experienced in intellectual property law. They can assist with the application, help respond to any issues that arise, and provide advice to maximize the chances of your trademark being successfully registered.

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

A: In order to know if a phrase is available to trademark you must first conduct a search with the USPTO. If no other individual or business has a registered trademark that is the same or similar you may file a intent-to-use or in-use application with the USPTO. Because the trademark process can be difficult to navigate consulting with a trademark attorney or service company may be helpful to assist you with this process.

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