[stimz]

Hi, I am wanting to put some quotes on my t-shirts that are well-known phrases/sayings. For example, "Show your True Colors" "It's raining Cats and Dogs" "Key to my heart" etc... Would I be able to use these without any legal problems, or are they already trademarked/copyrighted? How would I find this out. i have been stuck on this question for several months, and any suggestion/answers would be greatly appreciated. Thanks

 

[dairyoukojin]

As I've learned, if it is trademarked... get away from it unless you are willing to cash out.
But I am curious on what other guys would say. Guys, please help us out. Thanks.

 

[IYFGraphics]

Hi, I am wanting to put some quotes on my t-shirts that are well-known phrases/sayings. For example, "Show your True Colors" "It's raining Cats and Dogs" "Key to my heart" etc... Would I be able to use these without any legal problems, or are they already trademarked/copyrighted? How would I find this out. i have been stuck on this question for several months, and any suggestion/answers would be greatly appreciated. Thanks

While I can't answer your question directly these sites might be of interest to you.

U.S. Copyright Office

Trademarks Home

Hope this helps.

 

[kimura-mma]

Phrases are typically eligible for trademark. If the phrase is being used within a design, the design is copyrighted, but the actual phrase is not protected under the copyright. A separate trademark registration would be needed for the phrase.

It's generally considered difficult to trademark a phrase for use on clothing. The phrase usually needs to be a brand name or be part of the branding or marketing for the clothing company. If you're just using it as part of a design, you can still use it, you just may not be able to protect it by preventing others from using it as well.

You can look up existing trademarks here: United States Patent and Trademark Office. If it's trademarked, unauthorized usage would be infringement. If not, you may be ok. It's a good idea to do some Google searching as well, just to see if it's in use even though it may not registered. It's also a good idea to consult with an intellectual property attorney.

 

[rgatsby]

Phrases are typically eligible for trademark. If the phrase is being used within a design, the design is copyrighted, but the actual phrase is not protected under the copyright. A separate trademark registration would be needed for the phrase.

It's generally considered difficult to trademark a phrase for use on clothing. The phrase usually needs to be a brand name or be part of the branding or marketing for the clothing company. If you're just using it as part of a design, you can still use it, you just may not be able to protect it by preventing others from using it as well.

You can look up existing trademarks here: United States Patent and Trademark Office. If it's trademarked, unauthorized usage would be infringement. If not, you may be ok. It's a good idea to do some Google searching as well, just to see if it's in use even though it may not registered. It's also a good idea to consult with an intellectual property attorney.

Check out Avvo.com. It's been a great resource for me as I've been going through the TM registration and LLC formation processes. You can post legal questions and get some helpful feedback/guidance (though there's obviously no substitute for getting actual legal advice as appropriate, as the responders on that site will remind you).

 

[rhilferding]

Hi,

Its always difficult to determine if the usage is fair use, in the public domain, or a violation of the intellectual property laws.

Our company hired a trademark attorney and had training on the "best practices" for insuring compliance.

This link is great to search United States Patent and Trademark Office for trademarks.

Copy written material is easier. Check out this link: Copyright Term and the Public Domain in the United States

Your examples mostly seem fine to me - just watch out for using a public domain phrase with a current context... If there is a book or CD with the phrase as a title - I'd pass.

Good Luck to you!

 

[LivingThread]

Didnt Donald Trump get denied for trying to trademark the phrase You're Fired? I think a phrase like that and the ones you listed arent really able to be trademarked. Now if hi clothing line was named You're Fired thats a different story. But that doesnt mean no one else could ever put you're fired on a t-shirt. Its tricky, but you would be fine putting those sayings on a shirt.

 

[kimura-mma]

Didnt Donald Trump get denied for trying to trademark the phrase You're Fired?

Yes, but because the show's production company trademarked it first.

I think a phrase like that and the ones you listed arent really able to be trademarked.

Some words and phrases are considered generic and cannot be trademarked. But it's really up to the USPTO examining attorneys to determine that. It's impossible to know for sure, so it's always best to search the database to find out. In this case, "You're Fired" is in fact trademarked for use on clothing.

But that doesnt mean no one else could ever put you're fired on a t-shirt.

Since it is trademarked for use on clothing, the trademark owner can definitely sue over the unauthorized use of the mark on clothing.

Its tricky, but you would be fine putting those sayings on a shirt.

As long as they do not appear in the USPTO database as being registered, I would agree.

 

[Flitterfly]

A little experience here...hire an attorney and get his advice. It's worth it.

 

[animarket]

Phrases are typically eligible for trademark. If the phrase is being used within a design, the design is copyrighted, but the actual phrase is not protected under the copyright. A separate trademark registration would be needed for the phrase.

It's generally considered difficult to trademark a phrase for use on clothing. The phrase usually needs to be a brand name or be part of the branding or marketing for the clothing company. If you're just using it as part of a design, you can still use it, you just may not be able to protect it by preventing others from using it as well.

You can look up existing trademarks here: United States Patent and Trademark Office. If it's trademarked, unauthorized usage would be infringement. If not, you may be ok. It's a good idea to do some Google searching as well, just to see if it's in use even though it may not registered. It's also a good idea to consult with an intellectual property attorney.

"Life Is Good" very well could have started out as just a design. But they have not only trademarked that saying, but also built up a nice brand. www.lifeisgood.com.

 

[kimura-mma]

"Life Is Good" very well could have started out as just a design. But they have not only trademarked that saying, but also built up a nice brand. www.lifeisgood.com.

Correct. But "Life Is Good" is the brand name and therefore eligible and easy to federally register as a trademark. If they used a separate phrase, like "I Love Flowers" on one of their shirts, it would be harder to federally register as a trademark. The USPTO draws that line for use on clothing. Brand names and official marketing taglines can be registered. Designs or phrases used in designs cannot be trademarked (or are typically more difficult to register). They can perhaps be eligible for the supplemental registry.