Discussion:
What is the name of your state? Florida
Hello. There is a specific phrase back in the 80's that was popular, ie. "where's the beef" and it was trademarked at that time (I assume). I tried to search for the phrase I want to use but could not find it in the trademark on line library. So, here are my questions...
Would i need a trademark to print it on t-shirts if it had been previously trademarked? if so, then if I file a trademark application would it be denied for it have being already used?
Also, if I wanted to print "boy" on a t-shirt, would I need a trademark?
Ordinary, single used words. Does that fall in the trademark category?
Thanking you for your time in advance,
chmbill
Answer:
The Phrase "Where's the Beef" continues to enjoy copyright protection.
Single word phrases such as you wish to employ do not.
Answer:
BB: Trademark protection, not copyright...
From the USPTO website:
Serial Number Reg. Number Word Mark Check Status Live/Dead
1 73475398 1414006 WHERE'S THE BEEF TARR LIVE
2 73475259 1410896 WHERE'S THE BEEF TARR LIVE
Would i need a trademark to print it on t-shirts if it had been previously trademarked? if so, then if I file a trademark application would it be denied for it have being already used? Since there are still live trademarks, you can't file for your own trademark, and you could be liable for trademark infringement if you use it yourself. From the USPTO database, Reg Number 1414006 already covers t-shirts:
"IC 025. US 039. G & S: T-SHIRTS, MUSCLE SHIRTS, SWEATSHIRTS, BASEBALL STYLE CAPS, PAINTER STYLE CAPS, NYLON JACKETS, LINED AND UNLINED, GOLF AND TENNIS SHIRTS, GOLF STYLE CAPS, SLEEVELESS T-SHIRTS, SHORT SLEEVE SHIRTS, SLEEVELESS SWEATSHIRTS, SATIN JACKETS, MEN'S LEISURE SHIRTS. FIRST USE: 19840300. FIRST USE IN COMMERCE: 19840300"
Also, if I wanted to print "boy" on a t-shirt, would I need a trademark? You don't NEED a trademark to do anything -- a trademark is for YOUR protection.
However, the trademark office is not going to let you simply trademark the work "boy" (or likely any other single word) -- if you write the word "boy" using a very specific (and unusual) font or style, then MAYBE you could obtain a trademark -- but it is, in general, extremely difficult to trademark a common word, and even when a trademark is issued, its utility is generally quite narrow.