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Re: Trademarking a "pithy phrase"

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Posted by M. Arthur Auslander on January 04, 2000 at 05:52:50:

In Reply to: Trademarking a "pithy phrase" posted by Jeremy on January 03, 2000 at 23:50:30:

: Is it possible to obtain a trademark for what you might call a "pithy phrase?" An example would be something like "Save the Whales" (from the 80's) or "Practice random acts of kindness" (a little more contemporary). I'm tempted to think that since something like that falls more along the lines of original expression that you would copyright it instead of trademarking it, but I've heard that the copyright laws specifically exclude short phrases. Thanks for the help!
It is possible to get these trademarks. They can't be wharehouse though. I order to Register a Trademark the mark must be use in interstate or international commere or you must have a BONA FIDE intention to so use. What is more trademarks are registered by class. Full coverage requires a registration in all 42 international classes abd there are other classes too. January 10 the filing fee per class goes up about $100 per class. I thought I had the price on my desk. I think it is $345 per class. Searching also should be done to determine availability
M. Arthur Auslander
E arly L egal A dvice I s N ot E xpensive
ELAINE's Workshop (sm):
Auslander & Thomas-Intellectual Property Law Since 1909
505 Eighth Avenue, New York, NY 10018
212-594-6900, fax 212-244-0028, aus@auslander.com

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Subject: Re: Re: Trademarking a "pithy phrase"

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: : Is it possible to obtain a trademark for what you might call a "pithy phrase?" An example would be something like "Save the Whales" (from the 80's) or "Practice random acts of kindness" (a little more contemporary). I'm tempted to think that since something like that falls more along the lines of original expression that you would copyright it instead of trademarking it, but I've heard that the copyright laws specifically exclude short phrases. Thanks for the help! : It is possible to get these trademarks. They can't be wharehouse though. I order to Register a Trademark the mark must be use in interstate or international commere or you must have a BONA FIDE intention to so use. What is more trademarks are registered by class. Full coverage requires a registration in all 42 international classes abd there are other classes too. January 10 the filing fee per class goes up about $100 per class. I thought I had the price on my desk. I think it is $345 per class. Searching also should be done to determine availability : M. Arthur Auslander : E arly L egal A dvice I s N ot E xpensive : ELAINE's Workshop (sm): : Auslander & Thomas-Intellectual Property Law Since 1909 : 505 Eighth Avenue, New York, NY 10018 : 212-594-6900, fax 212-244-0028, aus@auslander.com

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Re: Trademarking a "pithy phrase"

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