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Re: Re: Re: Trademark of "phrases"

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Posted by M. Arthur Auslander on March 16, 2000 at 13:33:26:

In Reply to: Re: Re: Trademark of "phrases" posted by Susan on March 16, 2000 at 09:59:39:

: : No. Slogans can be registered but they cannot take language out of the public domain. The trademark also only applies to a specific good or service.
: : The phrase you have suggested is on the edge it might be registerable. A competitor adding a word to a trademark is not going to get away free, ash you have shown it.
: : The law can be quirky but it is not crazy.

: Just to clarify what you said, and make sure I understand you correctly: A co. that did register the slogan, "Never clean your gutters again"
: CAN NOT sue an competitor for using "similar" wording in an advertisement?
It is clear that if a slogan is registered a competitor CAN be stopped from using the whole slogan for the same good or service even if another word or words are added.
There are lawyers in this world to figure all angles. I think I could find a way of combining the words without being and infringer.
M. Arthur Auslander
Auslander & Thomas-Intellectual Property Law Since 1909
505 Eighth Avenue, New York, NY 10018
212-594-6900, fax 212-244-0028, aus@auslander.com
ELAINE's Workshop (sm)
E arly L egal A dvice I s N ot E xpensive

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Subject: Re: Re: Re: Re: Trademark of "phrases"

Comments:
: : : No. Slogans can be registered but they cannot take language out of the public domain. The trademark also only applies to a specific good or service. : : : The phrase you have suggested is on the edge it might be registerable. A competitor adding a word to a trademark is not going to get away free, ash you have shown it. : : : The law can be quirky but it is not crazy. : : Just to clarify what you said, and make sure I understand you correctly: A co. that did register the slogan, "Never clean your gutters again" : : CAN NOT sue an competitor for using "similar" wording in an advertisement? : It is clear that if a slogan is registered a competitor CAN be stopped from using the whole slogan for the same good or service even if another word or words are added. : There are lawyers in this world to figure all angles. I think I could find a way of combining the words without being and infringer. : M. Arthur Auslander : Auslander & Thomas-Intellectual Property Law Since 1909 : 505 Eighth Avenue, New York, NY 10018 : 212-594-6900, fax 212-244-0028, aus@auslander.com : ELAINE's Workshop (sm) : E arly L egal A dvice I s N ot E xpensive

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Re: Re: Re: Trademark of "phrases"

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