No, though you may be able to file for a trademark depending on what types of products/services are associated with the phrase. Another word for phrase could be slogan or tagline, which there are plenty of registered trademarks -- think of Nike's Just Do It ® or McDonald's I'm Loving It ®
To register a trademark, that's done either through your Secretary of State for a State trademark or the US Patent & Trademark Office for a Federal trademark.
If you are only conducting business in one state, then a State trademark is most appropriate. If you conduct (OR are planning to conduct) business in at least 2 states OR between the US & any other country, you can file for a Federal trademark.
Prior to investing your time, money & effort into a name, it is strongly advised that comprehensive research be conducted to ensure that the name you're interested in is truly available.
This entails searching the pending & registered Federal and State trademark files as well as the US National Common-Law files. Then, if clear, you can decide if you would like to file for a Federal or a State trademark.
Hope that helps! I wish you much success & happiness in all your ventures!
2007-03-30 04:50:39
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answer #1
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answered by TM Express™ 7
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a phrase by definition does not represent a "body of work" and does not qualify for copyright on its own merit. however, theft of a phrase that is recognizably taken from a larger "body of work" may be infringement if the exemptions of fair use do not apply.
For example, a story about a boss that fires someone is not likely to be an infringement of "the apprentice" even if the words "your're fired" are used. However if the story is an intentional rip-off of the apprentice theme, then having the boss say in a dramatic way "you're fired" may indeed be direct evidence of infringement.
But a parody of the story line in order to make a joke with the words "you're fired", or a social commentary on the sorry state of shallow business executives could use that line. Either case that would clearly be fair use.
Another example is for a review or analysis of the television program. the reviewer could say "will the Donald say you're fired in the next episode?" and not be subject to legal action.
2007-04-01 13:04:43
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answer #2
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answered by lare 7
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Generally, no.
Copyrights apply to creative works. A phrase usually lacks the creative originality to qualify as an independent artistic work.
Usually, the only reason a phrase would need to be protected is for marketing purposes, in which case trademark law would be a more appropriate area to explore.
2007-03-29 12:48:19
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answer #3
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answered by coragryph 7
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Sure.
Your Fired!
2007-03-29 12:08:34
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answer #4
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answered by Anonymous
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No. You can trademark it, perhaps. Much more expensive.
http://www.uspto.gov
2007-03-29 12:08:47
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answer #5
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answered by Anonymous
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http://www.copyright.gov/ look through the site and find out!
2007-03-29 12:14:32
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answer #6
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answered by Anonymous
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