How to Verify if a Slogan or Phrase is Subject to Copyright or Trademark

Understanding the difference between copyright and trademark and whether your slogan or phrase is protected under either or both is crucial. A phrase or slogan inherently cannot be copyrighted. However, it might serve as a trademark, which is legally protected through specific regulatory bodies. In this article, we will guide you through the process of determining whether your slogan or phrase is subject to copyright or trademark.

Understanding Copyright and Trademark

Copyright: In the United States, copyright subsists in every artistic, literary, musical work, cinematograph film, and sound recording. Copyright protection generally exists the moment a work is created. Unlike patents, it is not mandatory to get copyright registration to secure your work. However, registering your copyright with the relevant authorities can provide additional legal protections.

Trademark: A trademark protects unique identifiers such as logos, brand names, slogans, or any other distinctive terms that can be associated with a specific brand or product. Once a trademark is registered, protections are granted for 10 years from the date of application, and can be renewed every 10 years to extend the protection for another decade.

Checking for Copyright or Trademark Protection

Since phrases or slogans are more likely to be considered for trademark registration, understanding how to check for both copyright and trademark protection is essential. Here are the steps to follow:

Checking for Trademark Protection

For trademark protection, you can initiate a public search on the official websites of the relevant government bodies. In the United States, the primary authority is the United States Patent and Trademark Office (USPTO). You can use their online system, known as TESS (Trademark Electronic Search System), to search for registered trademarks.

TESS allows you to search for registered US trademarks, pending applications, and federal and state registrations. If your slogan or phrase is already trademarked, it will appear in the search results. However, it's important to note that there can also be state registrations and unregistered uses. These can be harder to detect, and a comprehensive professional trademark search is recommended if you value your brand's integrity.

Checking for Copyright Protection

For copyright protection, you need to verify if your phrase or slogan has been attributed to a specific person or source. Copyright databases and the Copyright Office can provide valuable information. If you are unsure, it is advisable to err on the side of caution and either attribute the quote or seek permission to use it.

It's essential to note that slogans do not qualify for copyright protection. They can, however, be trademarked under specific circumstances. Names, trademarks, and brands are more likely to be protected under trademark law than under copyright law.

When in Doubt, Consult an Intellectual Property Attorney

Given the complexities and potential legal implications of both copyright and trademark protection, it is advisable to consult an intellectual property attorney. They can provide you with accurate guidance and help you make informed decisions about the protection of your slogans and phrases.

Understanding the difference between copyright and trademark is vital for safeguarding your brand and intellectual property. Whether your slogan or phrase requires copyright or trademark protection, conducting thorough research and seeking legal advice can protect your brand from potential infringement and ensure its success in the market.

Conclusion

Detecting whether a slogan or phrase is subject to copyright or trademark protection is a multifaceted process. Traditionally, copyright protection is granted automatically, but trademark protection requires registration through specific regulatory bodies. The USPTO and WIPO (World Intellectual Property Organization) offer essential resources for searching trademark registrations and unregistered uses.

Given the importance of protecting your brand, it is recommended to conduct due diligence through public searches and seek professional legal advice. If you need further assistance, consider starting with the USPTO and WIPO for comprehensive trademark searches and the Copyright Office for copyright information. Your brand's success depends on preliminary research and informed decision-making.