Whole slogan or just name?

[llamalarity]

What is the name of your state (only U.S. law)? Georgia

Do not have the funds to register each separately. Wondering
how much this will weaken protection for a name if I registered a slogan
which includes the name?

Slogan will be in the form of; Name, conjunction, 'short existing phrase'.
Name is a composit word composed of a common word and a slang modifier which
is used occasionally with other words. Think I am the first to use this combo
commercially, though someone else once had plans for it since they
owned the .com domain name. They never had a site up that I am aware of and I
now own the domain name and do have a web site up stating my intention of
someday selling items.

Common component word of my name can relate to a narrowly focused item in at
least two broad categories. Will I have any protection for my name in the
other category with out a product in that market? If no, will a novelty item
suffice?

'short existing phrase' is only three words long and as far as I can tell is
not registered by any one for any reason. Not expecting protection of the
phrase as it relates to the (one) broad category just my focused product.

Apologies for being so cryptic! Though from browsing other questions here I
think you fine folks are used to it.

 

[quincy]

What is the name of your state (only U.S. law)? Georgia

Do not have the funds to register each separately. Wondering
how much this will weaken protection for a name if I registered a slogan
which includes the name?

Slogan will be in the form of; Name, conjunction, 'short existing phrase'.
Name is a composit word composed of a common word and a slang modifier which
is used occasionally with other words. Think I am the first to use this combo
commercially, though someone else once had plans for it since they
owned the .com domain name. They never had a site up that I am aware of and I
now own the domain name and do have a web site up stating my intention of
someday selling items.

Common component word of my name can relate to a narrowly focused item in at
least two broad categories. Will I have any protection for my name in the
other category with out a product in that market? If no, will a novelty item
suffice?

'short existing phrase' is only three words long and as far as I can tell is
not registered by any one for any reason. Not expecting protection of the
phrase as it relates to the (one) broad category just my focused product.

Apologies for being so cryptic! Though from browsing other questions here I
think you fine folks are used to it.

Being cryptic is fine.

Slogans can be used as trademarks.

In order for your slogan to be protected as a trademark, the slogan needs to be distinctive and creative, unless your slogan has already been used as an identifier for your product or service and the consuming public has come to recognize it as an identifier for your product or service.

I am unclear what you mean by narrowly focused item and needing a novelty item. Perhaps you can explain that better.

 

[llamalarity]

Being cryptic is fine.

Slogans can be used as trademarks.

In order for your slogan to be protected as a trademark, the slogan needs to be distinctive and creative, unless your slogan has already been used as an identifier for your product or service and the consuming public has come to recognize it as an identifier for your product or service.

I am unclear what you mean by narrowly focused item and needing a novelty item. Perhaps you can explain that better.

Have seen the three word phrase on T-shirts 25 years ago promoting a 'thing',
have not seen anyone using it to promote an object that is used by
the 'thing' which is what I will be selling. Name is more novel though not totally original. Pretty sure I am the first to use it in this category.

Novelty item only relates to the name, not the old three word phrase. For example, if I'm selling a $100 item in my market would a $2 novelty item (with advertizing for me on it) in the other market protect my name there?

 

[quincy]

Have seen the three word phrase on T-shirts 25 years ago promoting a 'thing',
have not seen anyone using it to promote an object that is used by
the 'thing' which is what I will be selling. Name is more novel though not totally original. Pretty sure I am the first to use it in this category.

Novelty item only relates to the name, not the old three word phrase. For example, if I'm selling a $100 item in my market would a $2 novelty item (with advertizing for me on it) in the other market protect my name there?

Hmmm. Well, if the phrase you wish to trademark has been used to promote something 25 years ago, it may still be rights-protected if the "thing" is still in existence. You would be smart to review your proposed trademark with a professional in your area. This is because several phrases used to promote things in the past, as in advertising slogans, are often revived by the advertisers or thing-owners years later. So, because you are reluctant to divulge your phrase here (and that is smart, by the way), you will want a personal review before investing a lot of money into this.

That said, your phrase, if it is distinctive and creative enough to pass a trademark examiner's review, will provide you with trademark rights on the phrase in any class of goods you use it in (and, if it becomes a "famous mark," in all classes). But you must use your trademark on a product or service in commerce to gain trademark rights.

You are allowed to register your mark in several different classes and you can do this all at the same time, if your goods/services fall into more than one class of goods/services. For example, you can register your mark in, say, the clothing class, the jewelry class and the paper goods/printed matter class if you are marketing goods under your trademark in each of these classes. The cost of the goods you are selling does not figure into it. But, even with this registration, someone else could potentially come along and decide to use your trademark on, say, their pharmaceutical goods. They could be allowed to do this, if their use of your mark does not work to confuse consumers or dilute or disparage your mark.

As an important note, though: If you are concerned about having funds necessary to register separately both the name you wish to use plus the "slogan" that goes with it (hence your desire to register them together as one mark), you should know that each extra class you wish to register your trademark in comes with an extra fee. You will be paying, in other words, for each separate class.

Now, to make sure I have an understanding of exactly what you are thinking of, see if the following example describe the type of mark/slogan you are considering using: "Rice-A-Roni" and "the San Francisco Treat" are both separate registered trademarks - one as the product name and one as a product advertising identifier. Instead of registering both of these separately, you would be looking to register "Rice-A-Roni the San Francisco Treat" as one mark. This can be done. In time, your goods/services could be recognized by consumers by the whole mark or shortened versions of the mark, so each would be protected under trademark law. Am I correctly understanding what you are talking about here?