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2007-03-29 12:05:43 · 6 answers · asked by Scrap 1 in Politics & Government Law & Ethics

6 answers

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 · answer #1 · answered by TM Express™ 7 · 0 0

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 · answer #2 · answered by lare 7 · 0 0

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 · answer #3 · answered by coragryph 7 · 0 0

Sure.


Your Fired!

2007-03-29 12:08:34 · answer #4 · answered by Anonymous · 0 0

No. You can trademark it, perhaps. Much more expensive.

http://www.uspto.gov

2007-03-29 12:08:47 · answer #5 · answered by Anonymous · 1 0

http://www.copyright.gov/ look through the site and find out!

2007-03-29 12:14:32 · answer #6 · answered by Anonymous · 0 0

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