Trademark for a Tagline

[Roxanne]

I have come up with a tagline for my company.  What I mean by a tagline is GE's  "We bring good things to life."

In my logo, there is my company name followed by my tagline. I put this logo on my labels, on my stationery, on my business card, etc...everything. So, it is something associated very closely with my business and my products.

The phrase I am using is unique, as far as I'm aware (it's not a famous quotation, or a variation on something known that your coach might have said like "Going the extra mile").

I have already applied for a trademark on my company name (which is also unique). Should I apply for a trademark on my tagline?

Many thanks for your help.

[JSonnabend]

To the extent that the tag line functions a trademark (that is, it serves to identify your company as the source of the goods or services), then you should seek trademark registration.  You may also consider registering the composite mark, that is,  the combination of the name and tag line as you use them together in commerce.

- Jeff

[Roxanne]

Thanks for your reply, Jeff.

Wouldn't a registered composite mark (if I understand correctly, Company Name + tagline) still permit a company in my line of business to use my tagline for similar products if the tagline is not associated with my Company Name?

In other words, wouldn't I be limiting my claim to the tagline by this?

I assume your suggestion (although I realize you don't know my particular case, etc...the usual disclaimer) should lead to MORE protection for my tagline, but I see it as conditioning the use of it upon an association with the name of my company...and so inviting others, who trade under different Company Names, to help themselves.

Thank you.

Rox

[JSonnabend]

In assessing whether another mark infringes your registered mark, a court would compare the accused mark and your registration to determine likelihood of confusion.  (assuming the goods/services are the same).   The salient question, therefore, is how similar are these two things?

If someone just ripped off your tagline and you only had a registration on the composite, the differences would be slightly greater (and therefore less to your advantage) than if you had registered only the tagline.  By the same token, to the extent that (a) your composite mark is in broad use, and (b) someone therefore attempts to rip off the composite mark as a whole, the composite registration would be closer to the accused mark than would be registrations on either the name or tag-line alone.

It is by this analysis that companies with sufficient resources register their marks "six ways to sunday", covering the elements individually and in the composite arrangements as actually used.

- Jeff

[Roxanne]

I see now. Thank you very much for answering my question, Jeff.