Q: Can "Written in the Stars" be used for a NJ astrology business? Legal aspects?

A: Hello,

As a general matter, there is nothing that would inherently prohibit the use of the mark. In fact, at first glance, it seems to be a suggestive mark which is a good indicator that it is distinctive and therefore eligible for trademark protection. and as it consists of a short phrase, it would not be subject to copyright protection. Though, if you want to be extra careful, you could always search for the phrase on the U.S. Copyright Office website just to make sure.

Your mom has the absolute right idea in checking whether the phrase has been registered as a trademark or is otherwise used by another business. Although she is planning on using it only in New Jersey, keep in mind that a previously registered trademark on either the New Jersey state level or the federal level utilizing that name could lead to potential infringement allegations. Additionally, if the same or confusingly similar mark is used by a business providing the same or similar services, that business would have common law protection and therefore would have grounds to dispute your mom's use of the mark. A general search of common law usage would also be advisable.

It's also worth noting that it not only matters whether the exact phrase "Written in the Stars" is in use or registered as a service mark for astrology services, but also there could be grounds for an infringement dispute if a similar mark is used in conjunction with similar services (e.g. "Written in the Heavens" for tarot services)--in other words, it doesn't have to be an exact match in order for there to be a risk. How close of a previously used or previously registered mark has to be to the one that your mom wishes to use, however, is determined on a case-by-case basis and difficult to say in the abstract where that line exists without a full analysis conducted by an attorney with experience in both the law and practice. While engaging an attorney to make this assessment is not an absolute requirement, it can prevent potential complications and save money related to such complications in the future.

Finally, although your mom is not seeking to register the service mark, it might be worth doing so at least on a state level. Registering the mark as a service mark in New Jersey would be much less expensive and much more straightforward than doing so on a federal level, and would alert any others who wish to use the same or similar mark in connection with the same or similar services that your mom has prior rights to it in the state of New Jersey.

Best of luck!

A: I seriously doubt that "Written in the Stars." can be copyrighted. Copyright law is designed to protect original works of authorship that are fixed in a tangible medium (like a novel, song lyrics, or artwork). However, short phrases, slogans, titles, and other brief expressions generally do not qualify for copyright protection. This means that the phrase "Written in the Stars" by itself would not typically be eligible for copyright. This does not fit that definition. THIS IS NOT LEGAL ADVICE! YOU NEED TO SPEAK TO AN ATTORNEY WHO IS LICENSED IN YOUR STATE FOR LEGAL ADVICE. This is merely suggestions for you to think about in discussing your situation with the local attorney.

A: Your mom is taking a smart first step by checking whether "Written in the Stars" is already trademarked or used by another business. Even without applying for her own trademark, she should conduct a thorough search through the USPTO database, state business registries, and online directories to identify potential conflicts. Business names can have common law protection even without formal registration, particularly if they've been used for a long time in a specific market.

Consider the scope of her astrology services and geographic reach when evaluating potential conflicts. A business with the same name in a different state might not pose immediate issues if they serve only local clients, but could become problematic if either business expands online or into new territories. The astrology industry classification matters too—a clothing brand called "Written in the Stars" might not conflict with an astrology consulting business due to different service categories.

It would be wise to consult with a business attorney familiar with New Jersey regulations to review her search findings and confirm she can proceed safely. The attorney could also help determine if she needs a DBA ("doing business as") filing with the county clerk or state agency. While this research takes time, it's much less costly than dealing with potential trademark disputes or forced rebranding after establishing her business under the new name.