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Discussion Starter #1
ok heres my question i have this phrase that i want to put on hoodies etc and ihavent seen the phrase used :confused: and dont know how to check if it has and if it hasn't then could i get it copyrighted if possible




also can i put the state shape and put an image over it (texas state shape)



sorry if this sounds dumb:eek::rolleyes:
 

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Phrases are generally not eligible to be copyrighted. They can, however, be trademarked. But registering a phrase for trademark for use on clothing can be tricky. The phrase usually needs to be the brand name or be part of the brand's marketing.

You can search the USPTO database here: United States Patent and Trademark Office. This will tell you if it's registered as a trademark. If it is, you can't use it. If not, do some searching on Google just to see if anyone has used it even if it's not registered. If you can't find anything, you should be good. If you do find something, you may still be able to use it, but use some discretion.

Yes, you can use state shapes.
 

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Sorry I was just reading your reply and I am new and still in the learning process - does this mean that you cannot produce t-shirts with sayings one-words, or like one-liners that are out there already? I would have to purchase transfers like that - sorry if this sounds dumb but want to be sure what I am doing. Thanks.
 

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If the phrase is registered as a trademark for use on clothing, you can't use it. That would be infringement.

If it is not trademarked, but already being used on clothing by another company, then it depends on the situation. In most cases, the 'design' being used is copyrighted, but the phrase itself is not protected. So even though it is being used, it's still possible to use the same phrase in a different design. That said, certain discretion should still be used.
 

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Discussion Starter #5
Phrases are generally not eligible to be copyrighted. They can, however, be trademarked. But registering a phrase for trademark for use on clothing can be tricky. The phrase usually needs to be the brand name or be part of the brand's marketing.

You can search the USPTO database here: United States Patent and Trademark Office. This will tell you if it's registered as a trademark. If it is, you can't use it. If not, do some searching on Google just to see if anyone has used it even if it's not registered. If you can't find anything, you should be good. If you do find something, you may still be able to use it, but use some discretion.

Yes, you can use state shapes.
how tricky is is to get the phrase trademarked or can i at least get a royalty when someone uses it im sorry if this sounds dumb just want to know :confused::)
 

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how tricky is is to get the phrase trademarked
If the phrase is also your brand name or part of your ongoing branding and marketing, then it can be easy. But if the phrase is only used on one of many products you offer, then you will probably be denied registration.

can i at least get a royalty when someone uses it
You are only eligible for royalties if you register the mark. Once you own the mark, you could then license it out and receive royalties. If someone uses it without permission, that would be infringement and you can sue for damages.
 

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If the phrase is also your brand name or part of your ongoing branding and marketing, then it can be easy. But if the phrase is only used on one of many products you offer, then you will probably be denied registration.


You are only eligible for royalties if you register the mark. Once you own the mark, you could then license it out and receive royalties. If someone uses it without permission, that would be infringement and you can sue for damages.
what is a mark :confused:
 
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