Protecting Catchphrases, Slogans and Taglines

A catchphrase, slogan or tagline is an expression usually popularized by continued use by individuals, groups or companies. Oftentimes, people who own the intellectual property rights to these expressions wish to do everything they can protect them legally, (as they should), but are unsure what type of protection is available and what to do.

To begin with, there are three main types of intellectual property: patents, copyrights and trademarks. Patents are property rights granted by the government to inventors for their inventions. Copyrights protect "original works of authorship" that have been tangibly expressed, whether published or unpublished. However, catchphrases, slogans or taglines are subject to protection by trademark, which covers words, symbols, sounds or colors that distinguish goods from others and that indicate their source. Likewise, a service mark provides the same protection as a trademark, but for services.

Regarding how to safeguard a catchphrase, slogan or tagline with a trademark or service mark, technically, you do not have to register anything with the government, but only have to be able to show a legitimate use of the mark in order to establish rights to it. Nevertheless, it is a good idea to use the "TM" or "SM" designation to alert the public to your claim, which may be done without any kind of filing or registration.

Lastly, the best way to protect your catchphrase, slogan or tagline is to register it with the United States Patent and Trademark Office, which can be found at www.uspto.gov. Once the mark is registered with the USPTO, you may use the symbol ® in connection with the goods or services listed in the trademark registration. Having a federal trademark registration provides many benefits, most notably the ability to bring a lawsuit in federal court and a legal presumption of the registrant's ownership and exclusive right to use the mark.

Before a catchphrase, slogan or tagline is used, a trademark search should be conducted. This should be done to determine whether someone else is already using a mark that is identical or similar to the one you want to use. In order to have a professional search conducted and to ensure that the application and registration procedures are handled properly, be sure to retain competent legal counsel to assist and represent you in the process.

Improve the Bottom Line: Here's How to Capture Value of Intellectual Property   Key Features of Trademark Management Software   Intellectual Property and the Economics of Entertainment   Benefits of Understanding the Value of Your IP   Starting Your Career As An Intellectual Property Lawyer   Do You Need a Lawyer to Respond to a UDRP?   

Protecting Your Brand With a Registered Trade Mark

Your branding differentiates your products and services from those of your competitors, it lets your customers develop loyalty based on expectations of quality and service, and it can attract prospective clients and consumers. These are just some of the ways in which value accumulates in your brand, and just some of the features that competing businesses might try to exploit.

Very often businesses do not really appreciate the value of their brand names and logos until they are faced with imitators, but for those that have overlooked effective protection that can be too late to avoid expensive legal disputes. Passing off actions are the way to combat the use of unregistered brand devices by competitors, but the costs can be considerable, and even a successful action might not yield entirely satisfactory results.

Benefits of trade mark registration

Registering trade marks early on can prevent these expensive disputes from arising, and provide effective ways of enforcing your rights in the event that they do occur. The benefits of trade mark registration include:

- Notice to the world of your brand (the trade mark registers are publicly accessible)

- Dissuading use of your brand without permission

- Notification when other parties try to register similar brand names

- Mechanisms to prevent counterfeiting

- An asset you can license or sell

The application process

The application process varies depending on the countries in which you wish to register your trade mark, but generally involves filing a base application with either the UK Intellectual Property Office, or the Office of Harmonisation for the Internal Market (OHIM) for a European trade mark. The steps involved in a UK application which is unopposed by other trade mark holders are:

1. Search the registers

2. File your application

3. Receive the examination report

4. Advertise the application in the official journal

5. Application is granted

6. Receive your certificate

and the process can take from 4 - 8 months.

Choosing a service provider

There are numerous service providers that will offer to help you register a trademark, but it is important to remember that the field is unregulated. This means that it can be difficult to ensure that your service provider will offer the level of service necessary for effective protection.

When choosing a service provider to register your mark there are a number of different considerations to take into account. At the forefront of the minds of many people will be price, and the question "What am I getting for the price I am paying?". But bear in mind that quality is important - you must be sure that they have the necessary expertise to secure adequate protection that actually covers your business. An amazing number of registered trade marks do not actually provide the correct scope of protection.

Finally, is the service provider able to assist you with any complications arising in the course of the application process, or provide you with aftercare to help you enforce your rights post-registration?

By using registered solicitors or trade mark attorneys with wide experience of trade mark issues you can avoid the need to bring in additional consultants at great expense if there are difficulties with your application. Specialists will also be able to advise you on how to police your trade mark, and enforce your rights where necessary.

Improve the Bottom Line: Here's How to Capture Value of Intellectual Property   Key Features of Trademark Management Software   Intellectual Property and the Economics of Entertainment   Benefits of Understanding the Value of Your IP   Starting Your Career As An Intellectual Property Lawyer   Do You Need a Lawyer to Respond to a UDRP?