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copyright/trademark question

Discussion in 'BlackHat Lounge' started by SpellZ, Mar 29, 2011.

  1. SpellZ

    SpellZ Regular Member

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    Hey guys, quick question.

    Let's say I have a slogan, "Be Happy" and I want to trademark it or copyright it (not sure the difference), can I do it? So that if any one at all puts "Be Happy" on their shirts, hats, bags, whatever... they can't without our permission?
     
  2. BassTrackerBoats

    BassTrackerBoats Moderator Staff Member Moderator Jr. VIP

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    That varies by country... you are in Canada and the government fees are close to 600.00. In the US, the fee is close to 350.00.

    That excludes the costs you would have for any lawyers that would take care of
    the paperwork of course.
     
  3. daveguy

    daveguy Power Member

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    A slogan would be a trademark, I know "Be Happy" was an example but it is too broad. Just to give some insight Susan B Komen is trying to trademark the slogan "For the Cure." It is still pending but many feel it is too broad and most likely won't pass.
     
  4. bertbaby

    bertbaby Elite Member

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    If you are US based then I recommend you poke around TESS (Search Trademarks). Just Google it and lookup a few trademarks including the one you are considering. It's free until you apply.
     
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  5. gb5000

    gb5000 Regular Member

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    Though I'm not very informed on slogan trademarks, I would probably bet that most would consider the slogan "to broad" to be considered unique enough to warrant a copyright or tm.

    You might need to stretch it out a little , to make the saying a bit more unique for your brand. But I don't think you have a strong enough case for a tm.

    Good luck!
     
  6. SpellZ

    SpellZ Regular Member

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    Hold on, hold on, hold on...

    So what you guys are telling me is if the slogan was, "Be Happy, Don't Worry, Everything Will Be Fine In Japan And All Around The World", it could pass. and NO ONE else can use that slogan without the proper agreement from me?
     
  7. bertbaby

    bertbaby Elite Member

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    There's obtaining a trademark and then there is the issue of vigilant trademark enforcement. One company actually had a trademark for a common term , it may have been Super Glue and we all now how that turned out because they didn't initially enforce it. Enforcing costs money!