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Can I register a trademark for a word that I did not invent?
Here's a hypothetical situation:
Let's say I publish a fictional novel and it becomes a best-seller. In the book, I portray characters drinking a fictional soda named, "Black Sauce."
Can someone legally trademark the term "Black Sauce" as the proposed name for their own soft-drink without my consent?
NOTE: This is NOT a real trademark query. "Black Sauce" is a silly name I came up with to discuss the larger issue of registering a trademark that an author invents.
3 Answers
- E.T. BartonLv 51 decade agoFavorite Answer
Yes, they can trademark the name if you do not do it first. If you want to trademark "Black Sauce", go to www.uspto.gov (the US Patent and Trademark Office), do a search to see if someone already has it, then register it if it's available. It will cost you about $325 (give or take).
Hope this helps.
- 1 decade ago
Sorry I just put registered "Black Sauce" as a trademark after reading your question. LOL. No, not really. I am sure that you probably will need to register the name yourself, although it might be covered by copyright, seeing as it is in a published novel. I would ask the patents and trademarks people in your country.
- SGEliteLv 71 decade ago
You can submit a trademark application. Its up to the bureau to approve it or not.
