If my company gets our tagline service or trademarked,...can other companies use the term ever?...Even if they don't use it as a tagline, could they use it as part of ad copy,..or a headline of an ad?
2007-02-12 07:29:04 · 2 answers · asked by shackhere 1 in Business & Finance ➔ Advertising & Marketing ➔ Other - Advertising & Marketing
It ultimately depends on how identifiable the tagline is, and if it would create a legitimate confusion, and how much money you are willing to put into defending it. For example, if a local gym promoted its new membership by saying "Just do it" in local newspapers, that would be one thing. If a sneaker company promoted it's new sneakers with the phrase "Just do it" in a national campaign, that would be quite another.
Of course, Nike could STILL try to go after the local gym, but it probably wouldn't be worth there time, unless the gym was tryong to imply a relationship with Nike (for example, if the ads also included the Nike logo).
Ultimately, you need to talk to an attorney who specializes in trademark law.
2007-02-12 08:21:08 · answer #1 · answered by bardsandsages 4 · 0⤊ 0⤋
Only if your tag line is on the books. Copy right? Filed with the state when they filed the business name? Other then that, no. You can not continue to copy right every word uttered by a marketer, owner, spokesman.
2007-02-12 15:39:04 · answer #2 · answered by Joe P 2 · 0⤊ 0⤋