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P. Simmons
P. Simmons, Lawyer
Category: Intellectual Property Law
Satisfied Customers: 34763
Experience:  12+ yrs. of legal experience.
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I designed a summer program for teenage girls that is in its

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I designed a summer program for teenage girls that is in its' fourth year titled "Concrete Roses". This name is XXXXX XXXXX from Tupac Shakur's poem, "the Rose That Grew From Concrete". The poem never puts the two words together.

I did a brief search on the name Concrete Roses and two other programs (one in NY and one in Canada) are using this name.

Can I obtain either a Copyright or a Trademark on this name? I currently have been selling pens, cups, tee-shirts and calendars using this name.
Thanks for the chance to help with this. I am an attorney with over 12 years experience. Hopefully I can help you with your legal question.

You would not copyright it...copyright is not designed for slogans or short phrases.

But you COULD apply for trademark.

A trademark is a recognizable sign, design or expression which identifies products or services of a particular source from those of others.

So this phrase, "concrete roses" can be subject to trademark.

To be granted a trademark, you would apply to the US Patent and Trademark office.

It is best to work with an attorney admitted to the patent bar to file a trademark. They can help you navigate the application process (which is actually quite complex)

P. Simmons and other Intellectual Property Law Specialists are ready to help you
Customer: replied 4 years ago.

When I obtain a Trademark can I then get the other organizations to "cease and desist" from using the name Concrete Roses?

Yes...AFTER the trademark is registered to you. That is why I recommend a lawyer...since the process to obtain the trademark is actually quite complex. If you succeed in registering the trademark, you can enforce your trademark against others who are using it without permission