In Florida, can a body part be trademarked? Is there any case law on trademarking a tatoo?
Countryrelating to Question: United StatesState or provincerelating to Question: FloridaCategory: Business LawWhat have you tried so far?: I know the definition of a trademark, but want to know if a tatoo or something on one's body can be trademarked as part of someone's business.
Hello JACUSTOMER,A trademark is designed to protect a unique word, phrase or logo used in conjunction with the sale of goods or services. A trademark thus represents a brand to identify the source of the goods or services. If it is services that are being represented, rather than physical goods, it is called a service mark, rather than a trademark, but they are essentially the same thing. So, with regard to tattoos, if the tattoo represents or is used to identify some goods or services, there is no reason why it can not be trademarked. A tattoo could for instance be used to identify the particular services of the tattoo artist or parlor.Trademarks and services marked are applied for with the U.S. Patent and Trademark Office, if the trademark/service mark is used in interstate commerce. You may want to read Basic Facts About Trademarks.You can also register a trademark with Florida if you only want protection within Florida - see Trademark and Service Mark Registration Guidelines and Florida Trademark Service Forms.In addition, a tattoo can be considered a work of art, and thus be copyrighted. This would prevent others from making copies of that tattoo. This maybe what you are really interested in. If so, please take a look at: Can You Copyright a Tattoo.I hope this helps.Thomas
Twenty one years experience as a lawyer in New York and New Jersey. Former Appellate Law Clerk.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).