Print

Please login or register.
1 Hour 1 Day 1 Week 1 Month Forever
Login with username, password and session length

[jdtech]

1)  Can an ice-cream shop owner trademark the phrase, "Ice Cream with a Healthy Twist?"

2)  Even if not, can he stop another ice-cream shop owner from using the same phrase?

[JSonnabend]

1. If the phrase acts as a trademark and there isn't a conflicting, senior mark, yes.

2. Perhaps under state unfair competition law, or maybe even under 43(a) of the Lanham Act, but in most cases, I would think the answer is no.

- Jeff

[Benjamin.SZhang]

1)  Can an ice-cream shop owner trademark the phrase, "Ice Cream with a Healthy Twist?"

2)  Even if not, can he stop another ice-cream shop owner from using the same phrase?

It is possible if your phrase is original. I believe that you know NIKE's "Everything is possible" is an registered mark

[JSonnabend]

Benjamin, thank you for becoming active in the forum, but as a trademark professional (albeit practicing outside the United States), you should be careful that the advice you give is correct.  Your statement that a phrase can be "trademarked" if the "phrase is original" is wrong for several reasons, not the least of which is that "originality" is not a prerequisite for trademark.

- Jeff

Oh, and Nike has no registration of "Everything is Possible" that I could find, at least not in the U.S.