Tagline Trademark Question

[kcwebguy]

I have a tagline that I am wanting to trademark for use on my website and in my marketing materials for my products.

The tagline is a statement about healthy plants and my products are all designed to make plants healthier. Think of it as something similar to ****'s "Just Do It" statement. I want to be able to use the tagline stand along like "Just Do It" or on my website or on my marketing materials.

What is the different between filing for this kind of mark versus a product name mark?

 

[quincy]

I have a tagline that I am wanting to trademark for use on my website and in my marketing materials for my products.

The tagline is a statement about healthy plants and my products are all designed to make plants healthier. Think of it as something similar to ****'s "Just Do It" statement. I want to be able to use the tagline stand along like "Just Do It" or on my website or on my marketing materials.

What is the different between filing for this kind of mark versus a product name mark?

What state do you live in, kcwebguy, or, if not in the U.S., what country do you live in? Trademark laws vary in significant ways from country to country.

Slogans (taglines) can work as trademarks to identify your product, just as the name of your product can. Registration is not necessary for the slogan or mark to be protected under U.S. trademark laws. Trademark rights arise through the use of the mark/slogan/logo in commerce.

As long as your slogan is creative and distinctive enough to work as an identifier of your product alone, or your slogan in use with your product has become connected in the minds of consumers with your product (as the "Just Do It" has with N1ke), then you can register it.

You can visit the following link for basic information on trademark law and on registering your slogan and mark: http://cyber.law.harvard.edu/metaschool/fisher/domain/tm.htm, and you can visit the U.S. Patent and Trademark site: http://www.uspto.gov

 

[kcwebguy]

I am from Missouri, USA.

So then... it seems that you are saying that the tagline has to be in conjunction with my products? I have 7 products that all make plants healthier. I am setting about to trademark each product name. So would I have to list each product as part of my application for the tagline? I'm trying to understand the relationship between the tagline and the products. Any clarification would be helpful.

 

[quincy]

I am not sure what you mean when you ask if the slogan/tagline needs to be used in conjunction with your products. What else would you be using it for?

Here are more links that may help to clarify trademarks:

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

http://tmep.uspto.gov/RDMS/detail/manual/TMEP/current/d1e2.xml - here you can download the Trademark Examiner Manual

I think you will benefit from sitting down with an IP attorney in Missouri, kcwebguy, or you can get assistance with your application through the USPTO site. Your questions indicate that there is a lot you need to learn prior to filing your application.