Can I Trademark Something in the Public Domain?
You can trademark a name, logo, or slogan that is currently in the public domain as long as you are using that name, logo, or slogan to brand, market, and sell your goods or services. Just make sure the name, logo, or slogan is actually in the public domain. The last thing you want is to be faced with a copyright infringement or trademark infringement suit for using something you thought was in the public domain but is actually not. In other words, hire an experienced intellectual property attorney to make sure you’re able to use the name, logo, or slogan before you start branding your goods and services with something you just assume is in the public domain.
If you are interested in using a name, logo, or slogan you believe is in the public domain, contact us today to speak with trademark attorney Eric Norton to discuss the importance of a comprehensive clearance search to make sure the item you want to use can actually be used without liability.