By: Eric S. Wachspress
Slogans are registrable as trademarks as long as they are not merely informational or a common laudatory phrase or statement that would ordinarily be used in business or in the particular trade or industry. See Section 1209.03(s) of the U.S. Patent & Trademark Office’s Trademark Manual of Examining Procedure. Examples of such laudatory phrases or statements that would ordinarily be used in business and which have been refused registration included THE BEST BEER IN AMERICA, PROUDLY MADE IN USA & WHY PAY MORE!
Slogans are never registrable as copyrights because they contain an insufficient amount of authorship.
A copyright is a form of protection provided by the laws of the United States to the authors of “original works of authorship” that are fixed in a tangible form of expression and protects such works as literary works, computer programs, musical works, pictorial, graphic and sculptural works, motion pictures and sound recordings while a trademark would be any word, name, symbol, device, or any combination, used or intended to be used to identify and distinguish the goods or services of one seller or provider from those of others, and to indicate the source of the goods or services.
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