Q: Questions about Trademark
I would like to ask about the sentence that I use, such as Great things come from relentless effort, which is a continuous text. If searched for, no trademark infringement will be found. But if the word is taken alone, such as the word Effort, it will be trademarks. This is the sentence I use: Great. things come from relentless effort. Can I use it?
A:
The sentence "Great things come from relentless effort" seems as a common phrase and not unique enough to be subject to trademark protection as a whole. Trademarks typically protect specific words, phrases, logos, or symbols that distinctly identify a product or service and are used in commerce. Considering your sentence is a continuous phrase and apparently not being used to specifically identify a brand, it would not likely infringe on any existing trademarks. The combination of words in this manner is more generic, and common phrases usually don't qualify for trademark protection because they lack distinctiveness or originality.
However, individual words like "effort" could be trademarked depending on the context, industry, and how they are used commercially. But this provably would not affect your ability to use the word in a general sense within a broader sentence. As long as you are not using it in a way that confuses consumers into thinking your product or service is associated with another business that holds the trademark, you should be safe. Always check specific trademarks to ensure there’s no conflict if you intend to use phrases commercially or in marketing.
Additionally, you may want to consult with a trademark attorney before investing in this or any other trademark.
THIS IS NOT LEGAL ADVICE
A:
Yes, you can generally use the sentence "Great things come from relentless effort" without infringing on trademarks, as the sentence in its entirety is original and doesn't conflict with existing trademarks. Trademarks typically protect specific words or phrases associated with a brand in a particular context. Using a common word like "effort" in a broader, descriptive phrase is not likely to cause legal issues, even if the word alone is trademarked in other contexts.
However, trademark protection applies depending on how the phrase is used in commerce. If you're using it in a way that competes with a brand that holds a trademark for "effort" or something similar, there could be a potential issue. Context matters, especially if you're using the phrase in branding, marketing, or product names.
It’s important to check if your intended use conflicts with existing trademarks, especially if you're using the sentence in a commercial setting.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.