Let's take the common phrase "bite the bullet". If I want to trademark "bite the mullet", is there any barriers to that?
asked Aug 22 at 15:12
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As a brand for what good or services?– George WhiteAug 22 at 15:20
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let's say seafood restaurant– Bear Bile Farming is TortureAug 22 at 15:26
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3What sort of barriers do you think might exist to registering that phrase as a trademark?– phoogAug 23 at 8:22
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4FYI there's currently a trademark battle over the phrase "Taco Tuesday", which I think many people assume is a common phrase.– BarmarAug 23 at 13:32
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1 Answer
Being a common phrase is not a barrier to a trademark, in itself. For example “Bite the bullet” has been trademarked with the USPTO for restaurant services, for a target with cross-hairs and in several other classes at one time or another.
A less known or newly-coined phrase would have a very good chance of being available. I suggest a search of the TESS database.
answered Aug 22 at 15:41
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1It's worth noting that it's not because a trademark was registered that it can't be challenged later on.– jcaronAug 23 at 9:19
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a trademark works only for the very narrow field in which it was registered. Disney has trademarked "Mickey Mouse" more than 100 times to cover (almost) all fields. Just search the USPTO for the term to see how many. Aug 23 at 15:38
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1@jcaron by using a common phrase, you also risk losing your trademark due to Trademark Dilution. justia.com/intellectual-property/trademarks/trademark-dilution Aug 23 at 15:39