Hi Everyone! I will be creating logos for small businesses and I want to offer slogans/taglines as an add-on service. I don't plan on doing a trademark search to check if the slogan/tagline is already in use. This is a free add-on service and I offer it to help the client. How should I inform the client that a trademark search is not included and that its their responsibility to trademark the slogan/tagline. Can the client get into trouble if I unknowingly choose a slogan that is being used by someone else? Has anyone here been in this situation? I do understand that slogans/taglines can't be copyrighted but the trademark process is something I'm not prepared to do. Does anyone have any advice? Thanks!
Hi, a slogan/tagline can be copyrighted since it is a written bit of text. The content of the writing is what is copyrighted. The use of that text is what is trademarked. So if I just publish a book full of slogans and taglines I can copyright the whole book and have copyrights on all of those individual slogans and taglines. If I then used one of those slogans/taglines along with my logo on my packaging that is what I would trademark. I would just be upfront with your clients, tell them exactly what you said in your question. Let them know that your slogans/taglines are only suggestions and if they plan on using them they should do proper research to see if it has been used elsewhere. Of course a fast search on the internet should take care of any major issues. Of course if they wanted to really protect themselves they should consult a copyright attorney.
Yes the taglines and slogans have copyrights issues and if you use an existing slogan then you can get into great trouble. It is advisable that you search the slogan/ tagline in search engines and then finalize the slogan.
You can Google it first to make sure its not taken, not 100% accurate but better than paying for it. Unless of course your client pays for it!!
I would make yourself a simple TOS or something, though my thought is, why not offer that service? raise your base price and provide more of a service (just a thought). A pre-written standard TOS, or just something that lets them know what you do and do not provide as a service is always the best way to go i find.
I want to thank you all for your feedback. I think being honest with my clients and letting them know that they should consult a copyright attorney is the best way to go. I hope you all have a great day!
Search first for the tagline to see if it is available. If it is not then proceed. As for trademark, it will definitely take time but you can give a heads up for your customers that it is not included in your service.
There is no issue for using different taglines! they are words which can be used by anyone. Just care about the main title..