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P. Simmons
P. Simmons, Lawyer
Category: Intellectual Property Law
Satisfied Customers: 34251
Experience:  12+ yrs. of legal experience.
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My company created t-shirts, stickers and online designs

Customer Question

My company created t-shirts, stickers and online designs with a slogan. We have not found any other companies using the slogan prior to when we did. The slogan is "strong girls, strong world". We shipped these products in interstate commerce. We did not trademark/copyright the slogan.We just saw the same slogan on the t-shirt of a major global retailer. Do we have any rights?
Submitted: 10 months ago.
Category: Intellectual Property Law
Expert:  P. Simmons replied 10 months ago.

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.

Expert:  P. Simmons replied 10 months ago.

Have you applied yet for trademark?

Customer: replied 10 months ago.
No, we haven't.
Expert:  P. Simmons replied 10 months ago.

Thanks you

In that case you do not have any rights...not yet.

What you are describing is NOT something you can copyright (you can not copyright a slogan)...but it is something you could use as a "trademark" for your company.

However, BEFORE you can claim protections under trademark law, you MUST apply for and be granted the trademark. You make the application to the USPTO (us patent and trademark office)

If you trademark this slogan, then you can enforce your trademark rights if someone uses without your permission. .

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

Expert:  P. Simmons replied 10 months ago.

Hi
Experts on this site (myself) are compensated ONLY if the customer (yourself) "rate" or "accept" the answer.

Please rate the answer so I may receive credit
Thanks for your understanding
Phil

Customer: replied 10 months ago.
Thanks. Isn't there such thing as a common law trademark where you get it from using the phrase first?
Expert:  P. Simmons replied 10 months ago.

Perhaps...IF you can prove you were using it first. This is much more complex than a standard trademark case (where you are enforcing your registered trademark). Your ability to recover damages is much broader if you register the trademark before filing suit

So consider registering this trademark.

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