Forums: Discussions for entrepreneurs and small business.

Does the phrase function as a trademark?

 

The United States Patent and Trademark Office recently refused to register the phrase “IS YOUR MORTGAGE CONTRIBUTING TO YOUR WEALTH?” for mortgage brokerage services.  Why?

 

The Applicant argued that the phrase served as a mark "because it was separately displayed and used in conjunction with" its services.  The United States Patent and Trademark Office responded that the phrase was likely to be perceived as advertising copy or a promotional tool to grab the consumer`s attention, but it would not be perceived as indicating the source of any services.  The mark would not be perceived by persons reading the advertisement any differently from the way they would perceive any other information or advertising about the services.

 

The lesson?  You need to find more than the cheapest way to file a trademark application. 

 

 

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James Lindon, Ph.D. Patent Attorney
Lindon & Lindon, LLC
Cleveland, Ohio
Patents, Trademarks, Copyrights, Pharmacy Law, Litigation
[this is not legal advice - provided for discussion only]
Intellectual Property for the Individual and Small Business: Identify, Protect, Enforce, Defend.
"Fools rush in where angels fear to tread."
http://www.LindonLaw.com