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In Florida, can a body part be trademarked? Is there any case law on trademarking a tatoo?
Optional Information: 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
Experience: Twenty one years experience as a lawyer in New York and New Jersey. Former Appellate Law Clerk.