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4 answers

to give a simple answer....yes, but if you want more info click this
http://en.wikipedia.org/wiki/Trademark

2006-10-21 02:26:41 · answer #1 · answered by Jimmy6 2 · 0 0

The answer is yes. Here is the definition from the US Tradmark office:

What Is a Trademark or Servicemark?
A trademark is a word, name, symbol or device which is used in trade with goods to indicate the source of the goods and to distinguish them from the goods of others. A servicemark is the same as a trademark except that it identifies and distinguishes the source of a service rather than a product. The terms "trademark" and "mark" are commonly used to refer to both trademarks and servicemarks.

Trademark rights may be used to prevent others from using a confusingly similar mark, but not to prevent others from making the same goods or from selling the same goods or services under a clearly different mark. Trademarks which are used in interstate or foreign commerce may be registered with the Patent and Trademark Office. The registration procedure for trademarks and general information concerning trademarks is described in a separate pamphlet entitled "Basic Facts about Trademarks".

Go to the trademark office web site. Search to see if it already exists, and the procedure for filing. http://www.uspto.gov/teas/index.html

Best wishes.

2006-10-21 02:56:12 · answer #2 · answered by JQT 6 · 0 0

Yes, it can under certain conditions and with many limitations.

You have to establish the trademark phrase in relationship to a certain product or service. If the phrase is specific to your product, especially if it mentions a unique brand name, your trademark will hold up. "Have you driven a Ford lately" would be upheld.

A generic phrase, even if very common, can be trademarked in relation to a specific product and protected from competitors. "You deserve a break today" is about as generic as can be, unless it is used by a hamburger seller other than McDonald's. Joe's Brake Shop has a good chance of getting away with using the same slogan - though McDonald's very well might overpower Joe's with litigation costs if Joe tries it.

I hope this addressed your question

2006-10-21 02:46:47 · answer #3 · answered by Prof. Cochise 7 · 1 0

Trademarks can be names of products or services, logos, slogans, packaging and even sounds and smells. In essence, a trademark can be almost anything that is used to identify a particular product or service. Registering a trademark grants the owner exclusive rights to the mark within the specified industry.

Of course, it's necessary to research the mark comprehensively prior to filing to ensure that there is no possibility of infringing upon another party.

Hope that helps! I wish you much success & happiness in all your ventures!

2006-10-23 04:35:39 · answer #4 · answered by TM Express™ 7 · 0 0

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