Can I trademark somebody elses tagline?

Question

I was talking about another company's tagline which is very appropiate for mine. That company is a museum. Mine is a weddings videography services company. Since they are not related and they are in diffrent states, do you think I can still get it for me?

Answer 1

When you say tagline, do you mean another company's slogan, such as Nike's Just Do It ­®? If that's the case, then it's not likely at all that you'd be able to trademark it.

Or do you mean a saying that one of your friends always says? If that's the case, it may be possible IF no one else has prior trademark or common-law rights to the tagline.

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!