Intellectual Property Law
Intellectual Property Law Questions? Ask a Lawyer
May I ask what this is a title to? Generally, titles are not subject to trademark protection - that is, you cannot file a trademark application for a short phrase, such as a book title. Nor is it generally a subject to copyright law protection. There may be an exception to that rule if your title is for a series of books. While it is not necessary to hire an attorney to proceed with filing a trademark application, it is advisable to get an attorney due to minor nuances such as those rules above. Generally, trademark ownership entitles you to exclusive use of a word or a logo, or anything else that signifies to consumers the source of a product. Therefore, trademarks are more of a market/consumer tool, rather than a protection of creative work tool. You obtain a trademark in connection with a certain good or service and, once registered, it entitles you to preclude others from using the same mark on a similar good/service (or in a similar manner, so as to create consumer confusion).
Thank you for your clarification - I am now more clear on what you intended to do accomplish. In that case, it seems to me that you would actually be able to file for a trademark application and potentially obtain a trademark registration for the title you had in mind. It could be treated as a slogan of sorts to be used on goods such as stationery. (Apologies if my earlier response about titles seems contradictory - what that was trying to convey is that one cannot simply trademark a title to a book or a song to be used merely as a title in connection with that book/song). Since here you intend to use that phrase in connection with distributing goods, it would be subject to trademark protection, assuming nobody else is using same or similar phrase on same or similar goods. As to your other question of using a nearly identical mark for "we wish you..." - you would have to file a separate application for that mark (in addition to the mark for "I wish you..."). I would be happy to assist you further if you have any other questions.
With kindest regards,