Trademark Slogan

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By Amy Feldman

PHILADELPHIA (CBS) - Trayvon Martin’s family has filed an application for a trademark, but what does the family have to show in order to trademark the slogan “I am Trayvon”?

The mother of Trayvon Martin filed an application to trademark the slogans “I am Trayvon” and “Justice for Trayvon”. To do so, she has to show the slogans are used in commerce in a way that the public recognizes that it is being used as a trademark. For example, if you see the slogan “that’s hot” on a t-shirt, you know it’s Paris Hilton’s product which she has trademarked – as opposed to just saying “that’s hot” after eating hot wings. The slogan also has to be distinctive. “Finger lickin’good” for KFC, McDonald’s “I’m lovin’ it” and “Let’s get ready to rumble” before a wrestling match, all have been trademarked.

Given that the name Trayvon is quite distinctive, as is the phrase “I am Trayvon”, Trayvon’s mother should be able to get the trademark, a small legal victory in the story of her family’s tragedy.

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