Intellectual Property Law

Intellectual Property Law Questions? Ask a Lawyer

Ask a Lawyer,
Get an Answer ASAP!

Intellectual Property Law

Can i trademark the star spangled banner music as a sound mark?

Customer Question
I have checked online and...
can i trademark the star spangled banner music as a sound mark? I have checked online and its not registered for any class of use
Submitted: 2 years ago.Category: Intellectual Property Law
Show More
Show Less
Ask Your Own Intellectual Property Law Question
Answered in 13 minutes by:
5/16/2015
IP Lawyer: Law Educator, Esq., Lawyer replied 2 years ago
Law Educator, Esq.
Category: Intellectual Property Law
Satisfied Customers: 119,602
Experience: Attorney practicing all aspects of copyright/trademark law
Verified
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
I am afraid that as a national anthem in public domain, which means it is free for anyone to use, it could not be trademarked as a sound mark or any other means (just like the US flag cannot be trademarked, since it would restrict use which is prohibited).
Ask Your Own Intellectual Property Law Question
Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Intellectual Property Law
Satisfied Customers: 119,602
119,602 Satisfied Customers
Experience: Attorney practicing all aspects of copyright/trademark law

Law Educator, Esq. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Alex Reese

Alex Reese

Lawyer

3,106 satisfied customers

Experienced in intellectual property law

Robert McEwen, Esq.

Robert McEwen, Esq.

Lawyer

848 satisfied customers

Licensed Texas General Practice Attorney

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

561 satisfied customers

I assist my clients with IP questions that arise in their daily course of doing business.

Thomas Swartz

Thomas Swartz

Lawyer

459 satisfied customers

Twenty one years experience as a lawyer in New York and New Jersey. Former Appellate Law Clerk.

Ely

Ely

Counselor at Law

450 satisfied customers

Licensed attorney in private practice.

Wilton A. Person

Wilton A. Person

Lawyer

352 satisfied customers

MBA, Experienced and Knowledgeable in Intellectual Property Law

BartEsq

BartEsq

Researcher

192 satisfied customers

Juris Doctor

< Previous | Next >

Related Intellectual Property Law Questions
I need to know how to go about trademarking a name. The name
I need to know how to go about trademarking a name. The name I am using is very common however I am trying to see how I can actually use it? Please explain. I am using this name in the following examp… read more
Win
Win
J.D.
265 satisfied customers
We just got our business trademarked and I have some
We just got our business trademarked and I have some questions regarding the usage of the business name. … read more
socrateaser
socrateaser
1,031 satisfied customers
Trademark Clarification Question: So, I'm getting ready to
Trademark Clarification Question: So, I'm getting ready to start selling product in the next year with a company that I've recently started. I've checked the name, let's call it Lovely Lemons, and I s… read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
17,996 satisfied customers
I have a question regarding the trademarks and copyright of
I have a question regarding the trademarks and copyright of Adobe Systems, Inc. I understand that their name, "Adobe" is a trademark, and the question I have is, would it be an infringement upon Adobe… read more
Alex Reese
Alex Reese
Lawyer
JD
3,106 satisfied customers
If a trademark/service is listed as dead / abandoned, can
If a trademark/service mark is listed as dead / abandoned, can someone else apply for the the mark? The business name I am looking at is 2shae. If a name such as 2shae does have a trademark, is it no … read more
Alex Reese
Alex Reese
Lawyer
JD
3,106 satisfied customers
An opposition was filed against my trademark, the case has
An opposition was filed against my trademark, the case has finally been decided and the opposition has been sustained in favor of the Opposer. What are my legal remedies now? Can I now amend the goods… read more
Alex Reese
Alex Reese
Lawyer
JD
3,106 satisfied customers
Property expert Inventing new musical style I have developed
Dear intellectual property expertInventing new musical styleI have developed a new style of music that is unique In many waysI have called this method TemodyHow Can I register this name and method ?Ma… read more
socrateaser
socrateaser
1,031 satisfied customers
Livestrong ( Armstrong) is definitely trademarked, but can I
Livestrong (Lance Armstrong) is definitely trademarked, but can I create a piece of jewelry that is not his font that says Live Strong as two words?… read more
Thomas Swartz
Thomas Swartz
Lawyer
Juris Doctor
459 satisfied customers
I have a question about trademarking, we received the
Hi I have a question about trademarking, we received the results of our LegalZoom trademark search and want to know if we should proceed with filing the trademark based on the results. … read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
896 satisfied customers
I have a question that involves my friend's music. It's a
I have a question that involves my friend's music. It's a copyright issue more so than a trademark issue, but I was hoping you might be able to steer him in the right direction and if you think there'… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
5,972 satisfied customers
I have a trademark question that's pretty simple concerning
I have a trademark question that's pretty simple concerning domain names. I currently own a domain name that is www.airbnbguy.com. Does this domain name have any issues if I go live with it?… read more
Dwayne B.
Dwayne B.
Juris Doctor
28,500 satisfied customers
If a company in Europe starts using our trademark for their
If a company in Europe starts using our trademark for their company and is targeting customers in the United States, but they don't have a physical entity in the United States, what can we do? We know… read more
Asad Rahman
Asad Rahman
Attorney
J.D.
2,198 satisfied customers
I have a trademark on website and the was infringed on by
I have a trademark on website and the was infringed on by another website using the exact same name with just a different extension on the domain . What is my legal recourse in this matter? … read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
896 satisfied customers
How is a word plural or singularity effect trademark treat
How is a word plural or singularity effect trademark treat such as Improvement or Improvements since I can offer singular and multiple services? … read more
socrateaser
socrateaser
1,031 satisfied customers
My business has a trademark registered in the US. We
Hi, my business has a trademark registered in the US. We transferred ownership of it to a new (family trust based) company. We were quoted a lot of money by a US firm to do the transfer of ownership a… read more
Leon
Leon
Solicitor and Notary
Master\u0027s Degree
18,922 satisfied customers
This question concerns trademark/copyright of street
This question concerns trademark/copyright of street photography. Hello. I live in Austin, TX. I have been working on a street photography project in which I shoot recognizable local businesses and si… read more
Gerald, Esq
Gerald, Esq
Juris Doctor
3,040 satisfied customers
I am looking to trademark the name of a music festival that
I am looking to trademark the name of a music festival that has been around for 45 years. Nothing has ever been done to my knowledge but the organization is imploding and I want to save the name...how… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
5,972 satisfied customers
Are u trademark lawyer? I have a pending trademark For
I have a pending trademark For "RapidEffects" there is a registered trademark under "Rapid Effects", both trademarks are in the same class, IC003 (cosmetics) the registered trademark however is for shampoo and hair conditioners, and mine is for Teeth Whitening Gels; Teeth Whitening Kits; … read more
Kendell Kelly, Esq
Kendell Kelly, Esq
Kendell R Kelly, Esq
Doctoral Degree
588 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x