Can a Common Phrase Be Trademarked?

Full question:

i want to make some t shirts to sell can i tradmark a phrase like hunt'em to put on a Tee shirt?

• Category: Intellectual Property
• Date: 04/07/2025
• State: Michigan

Answer:

Intellectual property is a property right that can be protected under federal and state law, including copyrightable works, ideas, discoveries, and inventions. The term intellectual property relates to intangible property such as patents, trademarks, copyrights, and trade secrets. A patent is the right to exclude others from making, using or selling the invention throughout the United States of America. It prohibits others from making, selling, or using the patented invention without the authorization of the patent owner. A patent then, is granted by the government for the term period of the patent. After the patent expires, anyone may make, use or sell the invention. The federal U.S. Patent and Trademark Office administers the standards and regulations goverining the issuance of patents, trademarks, and copyrights.

Trademarks identify the source of goods as being from a particular manufacturer Trademarks protect a company's reputation from being harmed by the inferior products of another manufacturer. Trademarks include words, names, symbols and logos. The intent of trademark law is to prevent consumer confusion about the origin of a product. In the United States trademarks may be protected by both federal statute under the Lanham Act, 15 U.S.C. §§ 1051 - 1127, and states' statutory and/or common laws.

Trademarks are generally distinctive symbols, pictures, or words that sellers affix to distinguish and identify the origin of their products and avoid consumer confusion. Trademark status may also be granted to distinctive and unique packaging, color combinations, building designs, product styles, and overall presentations. It is also possible to receive trademark status for identification that is not on its face distinct or unique but which has developed a secondary meaning over time that identifies it with the product or seller. The owner/assignee/licensee of a trademark/mark has the right to exclude others from using that trademark/mark by being the first to use it in the marketplace. Rights in a trademark/mark are obtained only through commercial use of the mark. Service-marks receive the same legal protection as trademarks but are meant to distinguish services rather than products. Under the Lanham Act, a seller may apply to register a trademark with the federal Patent and Trademark Office. Registrations are for renewable periods of 10 years.

Under state common law, trademarks are protected as part of the law of unfair competition. Registration is not required, but is available. Most states have adopted a version of the Model Trademark Bill (MTB) or the Uniform Deceptive Trade Practices Act (UDTPA).

Common words and phrases can be trademarked if the person or company seeking the trademark can demonstrate that the phrase has acquired a distinctive secondary meaning apart from its original meaning. That secondary meaning must be one that identifies the phrase with a particular good or service.

For further discussion, please see:

http://www.uspto.gov/trademarks/basics/index.jsp