It is no easy feat to encapsulate your business’s core meaning, values, and identity with a short string of words. So once you finally think of a phrase or slogan that makes your business stand out to prospective customers, you may not want to let it go. In other words, you may want to protect it fiercely with something as ironclad as a trademark. With that being said, please follow along to find out whether you can trademark your business’s phrase or slogan and how a proficient New Jersey trademark lawyer at The Ingber Law Firm can help you apply for one.
Can I trademark my business’s name?
Arguably more important than your business’s phrase or slogan is its name. And so, you may want to prioritize obtaining a trademark for this first. Per the United States Patent and Trademark Office (USPTO), a trademark may be something that indicates the source of your products and services and distinguishes them from the rest of the competitors in the marketplace. And so, your business’s name may be a word or combination of words that accomplish exactly this.
A key component here, though, is that your business’s name must be unique. That is, it must be a name not already registered with the USPTO. But also, it must be a name that helps your prospective customers understand distinctly the products or services you offer. For example, “Dawn” is a distinctive name for a company that sells dish soaps. However, a similar company likely cannot trademark “Soapy” or “Foamy” because these are mere descriptions of dish soap’s commonly known features.
Is it possible to trademark my business’s phrase or slogan?
With all things considered so far, you may similarly trademark your business’s phrase or slogan so long as you follow the same criteria as its name. To reiterate, it must stand out from the other phrases and slogans used in the market. At the same time, it cannot be a generic depiction of your products and services that simply references their characteristics.
In another example, everyone may know the slogan “I’m Lovin’ It” for McDonald’s. But this fast food chain’s catchphrase may not have been so popular amongst customers if it was simply, “Quick and Easy Service,” which does nothing but note the category of restaurant style it falls under. The same goes for if Nike’s slogan in all their advertising campaigns were not “Just Do It,” but rather “Active and Stylish.”
In conclusion, if you find yourself up against this, please do not go through it alone. Instead, pick up the phone and speak with a talented Essex County, New Jersey intellectual property lawyer. Our team at The Ingber Law Firm wishes to aid you during this difficult point in time.