Has the phrase "chug life" been patented previously? If not, how can I patent it myself? 13 Answers as of May 01, 2013

I would like to know if the phrase “Chug Life" has been patented previously. If it has not, I would like to talk to a lawyer to patent it myself.

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Law Office of Kirk Buhler
Law Office of Kirk Buhler | Kirk A Buhler
A patent is for a product or process. Your phrase "chug life" would be a trademark for a line of clothing and other items. A search in the trademark office shows a mark for chug life. A Google search also shows that "Chug Life a series made by pro skier ian cosco showing life off the slope...".
Answer Applies to: California
Replied: 5/1/2013
DANIEL NESBITT
DANIEL NESBITT | Hasse & Nesbitt
You can't patent it. It's not an invention. You can't copyright it either. It's not considered literary or artistic. It's a phrase. You can try to trademark it if it is associated with a product or a service you provide.
Answer Applies to: Ohio
Replied: 4/30/2013
Microtechnology Law & Analysis | Daniel Flamm
You cannot patent a phrase. Furthermore, this is not an appropriate forum for your question.
Answer Applies to: California
Replied: 4/30/2013
Barton Barton & Plotkin
Barton Barton & Plotkin | Maurice Ross
You cannot patent a phrase. Sometimes a phrase can be registered as a trademark. You need to hire legal counsel to conduct a trademark clearance analysis to see if you can use this trademark in commerce without violating trademarks of others. If so, and if you use or intend to use the phrase in commerce you can file for trademark registration.
Answer Applies to: New York
Replied: 4/30/2013
Webb IP Law Group
Webb IP Law Group | Jason P Webb
You should have an attorney do a trademark search for you and then talk about filing a trademark application. That is how you get protection on short phrases like that.
Answer Applies to: Utah
Replied: 4/30/2013
    Mark S. Hubert PC
    Mark S. Hubert PC | Mark Hubert
    I think you mean to ask "has chug life" been federally trademarked. Its not just that simple. There are state trademarks and federal trademarks. Then there is the issue if whether anyone has the domain name, then there is the issue if anyone is using it as their business name, then there is the issue of whether thou are actually using it or just intend to use it. then there is the issue of what you want to do with the name.
    Answer Applies to: Oregon
    Replied: 4/30/2013
    Law Office of Mathew R. P. Perrone, Jr. | Mathew Roy Patrick Perrone, Jr.
    This is a trademark question, not a patent question.
    Answer Applies to: Illinois
    Replied: 4/30/2013
    Turner Padget Graham & Laney, P.A. | Bernard S. Klosowski, Jr.
    It sounds like the concept of a trademark is the question, not patent. A trademark is a word, phrase, symbol, sound, color, etc. used to connect a product in the public's mind with the product's source; i.e., a trademark is a source identifier. Similarly, a service mark connects a source to a service. The same mark may be used as a trademark, a service mark and a business or trade name. For example, XEROX when used to sell copiers is a trademark; when XEROX is used to sell copier repair services, it's a service mark; and when XEROX is used to identify the company, it's a trade name. A utility patent is directed to an invention for a new, useful and non-obvious article, method of manufacture, business method, etc. There are also design and plant patents. For "Chug Life" to be a trademark or service mark, and in order to apply for a federal trademark registration, there must be an underlying product or service associated with the mark, or there must be a good faith intention to use the mark in commerce. State trademark registrations also exist, but these differ significantly from federal trademark registrations. You should discuss your facts and plans with an intellectual property attorney to determine a sound course of action.
    Answer Applies to: South Carolina
    Replied: 4/30/2013
    Mark Torche | Mark Torche
    You cannot patent a phrase. Patents are for new or improvements in the arts and sciences such as mechanical, electrical, chemical, or biological inventions. You are likely thinking of trademarks. Trademarks are primarily to establish a relationship between goods or services and a source for that goods or services. Phrases can become trademarks as they are used to establish that relationship usually through advertising and marketing. You should talk with a patent and/or trademark attorney to answer your question in more detail.
    Answer Applies to: Iowa
    Replied: 4/30/2013
    Gerald Walsh | Gerald Walsh
    One cannot patent a phrase. One can patent only an article of manufacture, a machine, a composition or mixture, or method or process. You can obtain trademark protection for a phrase. To determine whether a particular phrase has been claimed by someone else it is necessary to do a trademark search. An attorney can obtain a trademark search for you.
    Answer Applies to: Alabama
    Replied: 4/30/2013
    Shimokaji & Associates
    Shimokaji & Associates | Michael Shimokaji
    Rather than patenting the phrase, you would want to trademark it.
    Answer Applies to: California
    Replied: 4/30/2013
    Sebby Law Office
    Sebby Law Office | Jayne Sebby
    A phrase cannot be patented as patents are granted by the USPTO for useful items or processes. It cannot be copyrighted because phrases are not protected under US Copyright laws. The phrase might be protected under Trademark law but only if it is a symbol that represents a good or service for sale in interstate commerce.
    Answer Applies to: Nebraska
    Replied: 4/30/2013
    Banner & Witcoff, Ltd. | Ernie Linek
    Words are not patentable subject matter - just inventions. However, words can serve as trademarks for goods or service marks for services. In this case, CHUG LIFE has been registered as a trademark: Registration Number 3354013 Registration Date December 11, 2007 Owner (REGISTRANT) Clark, Michelle M. INDIVIDUAL UNITED STATES 340 Lime Cir. Henderson NEVADA 89015
    Answer Applies to: Massachusetts
    Replied: 4/30/2013
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