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Yelena Y
Yelena Y, Lawyer
Category: Intellectual Property Law
Satisfied Customers: 1
Experience:  Intellectual Property Attorney
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I did not find the title that I want to trademark registered

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I did not find the title that I want to trademark registered with the US Trademark Office. If I want to proceed with the trademark purchase process, is that something I can do on my own or is it advisable to hire an attorney? I have a nine word (34 letter) trademark title in mind, what would it cost to register ownership of that title? The opening words of the title are "I Wish You..." If I wanted to also use the nearly identical title, "We Wish You..." ( a nine word, 35 letter title) would that have to be separately registered as a trademarked? And what does "trademark ownership" really mean?
Customer: replied 2 months ago.
I did not hear back regarding my question---it's been more than 24 hours since I sent it.

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).

Yelena Y and other Intellectual Property Law Specialists are ready to help you
Customer: replied 2 months ago.
I am thinking of using my title for a series of products and services---everything for a line of greeting cards to cordial notes that businesses (such as hotels and restaurants) give to their clients when they are leaving, after having made use of the service that the business had provided.
Customer: replied 2 months ago.
The only thing I can add is that, I published a book recently and I liked the title enough that I thought I might be able to market it along with products and services that businesses provided as a way to leave a charming "thank you for allowing us to serve you" type of note that would hopefully stick in their client's mind. Also, because of the nature of this gift book, I thought I might create a couple of prototype greeting cards to try to market it with larger greeting card companies.

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,

Yelena Y.

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