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How do you trademark the words you use in advertisements to help identify your company? |
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Answer
There is a common misconception that you can "Copyright the material".
According to the the federal regulations:
"The following are examples of works not subject to copyright ...: Words and short phrases such as names, titles, and slogans; familiar symbols or designs; mere variations of typographic ornamentation, lettering or coloring; mere listing of ingredients or contents;" 37 CFR 202.1
Trademark of words
However, you can get "trademark" protection merely by using sufficiently distinctive words or phrases as a "brand" in association with your goods or services. The more distinctive, the stronger the protection. You may also seek to register the words in a state or in the federal Trademark Office so that others will be aware of your property rights in the mark, when used in association with the type of goods recorded in your registration application, even if you haven't yet begun to ship the product.
You may use your trademark rights to prevent others from selling or importing goods that are likely to be confused as coming from your company because they use similar words as a brand name.
See related questions that further describe the scope of your trademark rights and how to register, etc.
First answer by NotSanta. Last edit by Wutzyerproblem. Contributor trust: 389 [recommend contributor]. Question popularity: 96 [recommend question]
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