Can You Trademark a Commonly Used Phrase?

Can you trademark a commonly used phrase?
The answer is yes ? a catchphrase can be trademarked, but only for the protection of its use in connection with a particular product or services. The mere act of speaking a catchphrase isn’t, on its own, an act of commerce, so a trademark wouldn’t cover or protect you from someone else just saying your phrase.
Read more on www.gerbenlaw.com

The use of trademarks in business is crucial since they assist in protecting a company’s reputation and its goods and services. It is a strategy to set your goods apart from those of your rivals and to guarantee that your buyers can recognize your brand. But not everything may be trademarked, particularly if it’s a word that’s widely used. Can you trademark a phrase that is widely used?

It depends, is the answer. If a phrase is too general or descriptive, it cannot be trademarked. For instance, because “best pizza” is too general and does not specifically identify your pizzeria, you cannot trademark it. If your pizzeria has a distinctive name, like “Pizza Palace” or “Pizza Hut,” you can, nonetheless, trademark the name.

On the other hand, you can trademark a phrase that is widely used if it is special and unusual. For instance, the Nike slogan “Just Do It” is well-known, but it is distinctive and specific to the company. As a result, Nike has been successful in trademarking the term.

It’s critical to comprehend the distinction between an LLC and a trademark because they are not the same thing. Limited Liability Company, or LLC, is a sort of corporate organization that shields its owners from personal liability. A trademark, on the other hand, is a design, word, or phrase that is used to identify and set one product or brand apart from another.

When comparing state and federal trademarks, it should be noted that a state trademark only offers protection within the state in which it is registered. However, a federal trademark offers protection across the country and is more expensive to register. Therefore, it is advised that you apply for a federal trademark if you want to conduct business outside of your state.

On the website of the Michigan Department of Licensing and Regulatory Affairs, you can do a search to see who owns a company in Michigan. Information about company entities, such as the owner’s name and address, is accessible on the website.

The United States Patent and Trademark Office (USPTO) database can be searched to see if a business name is already taken in the US. You are not permitted to use a name for your company if it has already been registered.

In conclusion, it is possible to trademark a phrase that is widely used, but it needs to be distinctive to your brand. To protect your company, you must understand the difference between an LLC and a trademark. Additionally, filing for a federal trademark gives you protection across the country. You may search the state of Michigan’s website to find out who owns a particular company, and you can search the USPTO database to see if a particular business name is already taken in the US.

FAQ
Accordingly, do you need a business license to sell on etsy in michigan?

Yes, a business license is required in Michigan in order to sell on Etsy. In Michigan, you need to get a business license if you’re offering products or services for a profit. This rule is applicable to all business models, including those that do Etsy sales. It is crucial to check with your local government to see what particular licenses and permits your company needs.