[GN]

I am about to trademark a phrase that I plan on turning into a brand all on it's own. With that said, my question is :

if I trademark a phrase.. will any derivition of that phrase be protected? In other words.. if I trademark it and then I use the same slogan but a different font or maybe a little different design (like rearrange the words) is it still proetected? Is there a different process for TMing one phrase in multiple variations/fonts?

 

[kimura-mma]

If you submit the phrase as a "standard character mark," then that should give you broad protection rights to the exact phrase. So you would have rights to the phrase and can use it in any font, color or style you want. But it would only include the exact phrase, so you would not have automatic rights to variations such as rearranging words or different spellings. You may be able to take action against someone for using a similar mark to yours. But you would't have rights to the similar mark.

There is no process to apply for multiple marks under one submission. Any variation of the mark would require separate submissions and fees.

 

[GN]

I just got off phone with CS at Trademark office and she said basically the same thing you said up there. Basically anything I can create using a standard keyboard would be protected including styles, fonts, colors etc... but the minute I put a sunburst behind it- it's not protected (well that image isn't) so i asked her..

What if I take "Just do it" and put a sunburst behind it, then that is ok?! And she wouldn't answer me (because she isn't a lawyer) but referred me to Chapter 12 of the TM manual: "Likelihood of confusion".. so i am reading that now and from what I gather it probably "wouldn't" be ok (not that I would - I just dont want someone taking mine and doing that which is what I'd fear happening).

 

[kimura-mma]

You can't own every variation of your mark (unless you actually register them all, which of course, would take endless $). But you can protect against others using a similar mark as yours.

Your best bet is to register a standard character mark. If anyone uses your mark to create their own logo or design, you would have legal recourse to stop them and/or collect damages.

 

[GN]

I'm doing that now.. and it's expensive I wanted to register for all clothing AND stickers (bumper stickers, stickers, etc) and that all adds up. My budget was for only one TM so I'm sticking (no pun intended) with clothing/ intent to use ... and apparently there will be more fees GRRRRR