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Discussion Starter · #1 ·
I recently saw a slogan that I think would be perfect for my future brand of shirts.
  1. How do you find out if it is a trademarked slogan?
  2. If it's not trademarked, is it still legally and/or morally wrong to use it.
If someone came up with this slogan and just never got around to trademarking it, I still don't feel its right to use the slogan. But if it's something that people have used for 100s of years and there is no known originator of the slogan, then I think it would be fine to use.

What do you think?

Thanks
 

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How do you find out if it is a trademarked slogan?
You can search the trademark database at United States Patent and Trademark Office.

If it's not trademarked, is it still legally and/or morally wrong to use it.
It depends on whether the mark is actively being used in commerce.

If yes, whoever using it would have common law trademark rights (as long as the usage falls within the eligibility of trademarks). Those rights could be broad or they could be limited. It would be best to consult a trademark attorney to understand what opportunities you would have to use it.

If not, then the slogan is up for grabs.

I wouldn't worry about who originally came up with the slogan. If someone is actively using it and can claim ownership, then respect their rights. Otherwise, go right ahead.
 
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