Can I trademark a holiday?
Yes, you can trademark a holiday name. You can trademark the name of a holiday if you use the name to promote or sell your products and services.
For example, “THANKSGIVING” is a registered trademark for a line of wines. In order to successfully trademark a the name of a holiday, you will have to demonstrate to the United States Patent and Trademark Office that you are utilizing the holiday’s name for the branding of your products or services. These trademarks can be difficult to attain, as there are a great many existing trademarks that feature holiday names.
It is important to note that trademarking a holiday will not give you ownership of that holiday, nor will it prevent others from celebrating the holiday. Trademarks only restrict the usage of a word, phrase, or logo in the context of a specific market. Outside of that market, the word or words can be used as normal.
If you would like to use the name of a holiday to brand your goods and services, you should have us perform a thorough trademark search to ensure that there are no existing trademarks on that holiday’s name.
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About the Author
Xavier Morales, Esq.
Mr. Morales founded his trademark law practice in January 2007 with the goal of providing intellectual property expertise to entrepreneurs and businesses around the country. Since then, he has filed more than 6,000 trademarks with the USPTO. You can learn more about Xavier here.