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Trademark/Slogan

Posted by . updated on 9/2/2010
If a company has printed a slogan on a shirt, but the slogan is not tradmarked, The slogan is not thier company name. Can I trademark the slogan? Use it as a company name (TM) and print it on shirts?
Answers (1)
 
Sonali Phatak
Rights in a trademark arise out of use in commerce and not merely registration. Hence, if a person is already using the mark in commerce he acquires certain common law rights and can restrict others from using it.

You may file an application for registration with the USPTO. However, if the USPTO finds any confusingly similar marks it may issue a strong office action for likelihood of confusion.
 

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