Detroit, MI asked in Copyright, Intellectual Property and Trademark for Michigan

Q: Is make money not friends a trade marked

To put it on sweatshirts and tshirts and pants and hoodies and jackets

1 Lawyer Answer
James L. Arrasmith
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A: To determine if "Make Money Not Friends" is trademarked, you would need to conduct a search in the relevant trademark databases. This includes the United States Patent and Trademark Office (USPTO) database and possibly other international trademark databases depending on your location. Search for exact matches or similar variations of the phrase to see if it has been registered as a trademark for clothing items like sweatshirts, t-shirts, pants, hoodies, and jackets. If you find that the phrase is trademarked, it may not be advisable to use it without permission, as it could lead to legal issues.

If "Make Money Not Friends" is not trademarked, you may still want to consider the potential for common law trademark rights. Even if a phrase is not registered as a trademark, the owner may still have rights to it if they can demonstrate that it has been used in commerce and has acquired secondary meaning. This means that using the phrase without permission could still infringe on the owner's trademark rights and lead to legal consequences.

Before using "Make Money Not Friends" on clothing items like sweatshirts, t-shirts, pants, hoodies, and jackets, it's advisable to consult with a legal professional experienced in trademark law. They can help you determine the availability of the phrase for use and advise you on the best course of action to avoid potential trademark infringement issues. By seeking legal guidance, you can ensure that your clothing line complies with trademark laws and minimize the risk of legal disputes.

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