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ESmama

Junior Member
Hi all ~ I am in NC.

I have a very simple, yet clever idea for merchandise. I would be using a generic symbol/shape (yellow hazard triangle). There are several companies / products with this, but I would be changing the phrase just a bit. It would have totally different meanings.

(For example, instead of HAZARD, I would have JAZZARD on the triangle. That would be the item I would sell on shirts, hats an so on.) That is not my idea, but I need to know if I'm even allowed to do this.

Also, I need to protect this idea. Because its a pretty good one and I have several shops that I know would want to sell it! :)

How do I protect my phrase? It is a 3 word phrase, but I changed the last word so that it has a totally different (and funny, mind you) meaning.

I have the image created, and I'm ready to print on products to sell. I just want to protect it. I know people would steal it right away. I live in a very crafty community!
 


quincy

Senior Member
Hi all ~ I am in NC.

I have a very simple, yet clever idea for merchandise. I would be using a generic symbol/shape (yellow hazard triangle). There are several companies / products with this, but I would be changing the phrase just a bit. It would have totally different meanings.

(For example, instead of HAZARD, I would have JAZZARD on the triangle. That would be the item I would sell on shirts, hats an so on.) That is not my idea, but I need to know if I'm even allowed to do this.

Also, I need to protect this idea. Because its a pretty good one and I have several shops that I know would want to sell it! :)

How do I protect my phrase? It is a 3 word phrase, but I changed the last word so that it has a totally different (and funny, mind you) meaning.

I have the image created, and I'm ready to print on products to sell. I just want to protect it. I know people would steal it right away. I live in a very crafty community!
If your phrase is not currently in use as an identifier for anyone else's products or services, and you are not reproducing anyone else's images for your product, you can start gaining rights in the "3 word phrase" by marketing products using the phrase as your product identifier (your trademark).

Once you start using the 3-word-phrase as a trademark, you can register your mark with the US Patent and Trademark Office (registration provides additional protection) or you can file an "Intent to Use" application now (prior to marketing your products) if you are not currently prepared to sell your products but plan to do so soon.

Again, prior to selling your products to the public with your three-word-phrase trademark, you will want to make sure you are not infringing on anyone else's rights (copyrights, trademarks) by conducting a thorough search.

Good luck.
 

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