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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 41220
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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I have a microbusiness, and I want to use a two-word phrase

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I have a microbusiness, and I want to use a two-word phrase to describe my work in bios, a statement of purpose, my website, etc., but I've discovered that the phrase is in the title of a writer's online TedxTalk. She mentions it maybe three times, and I haven't found any other references to it in any of her other work. I searched on TESS and it's not trademarked. Is it okay to use it?
Thank you for your question. Please permit me to assist you with your concerns.

That is a good question. That other person who is using the phrase, is that person considered synonymous with the phrase, or is it just a description?
Customer: replied 3 years ago.

I am pretty sure that this person is not considered synonymous with the phrase, because when you Google her, the only thing that comes up with the phrase in conjunction with her name is XXXXX XXXXX TedxTalk with the phrase in the title. It's not part of her branding, as far as I know. I've gone through five pages of Google results with [her name] and [phrase] and they all refer to that one TedxTalk, even though she has written multiple books and articles. I also went through her website, and cannot find one mention of this phrase.

Thank you for your follow-up, Esme.

In that case you can argue that the term you wish to use is deemed to be a 'general term' or a descriptive terms rather than protected via copyright. As a consequence I truly do not see significant risks for you if you choose to utilize the name. From your own comments the name is XXXXX XXXXX and it appears more descriptive then directly specific.

Good luck.

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