Can you trademark a joke?
Yes, you can trademark a joke. You can trademark a joke, so long as you are using that joke as your brand name or slogan. Trademarks protect the materials that are being used to promote and distinguish products or services.
If you wish to trademark a joke, you must prove that the joke has taken on an association with your products or services. You will also need to demonstrate that the joke is distinct enough to qualify for a trademark.
If you would like to trademark a joke for use as a name or slogan, you should first ensure that there is not an existing trademark for that joke. We recommend that you retain the services of a knowledgeable trademark attorney for the purposes of performing a thorough trademark search, as the process is quite difficult.
As application fees for trademark registrations are non-refundable, we advise that you consult with one of our attorneys before you attempt the process on your own.
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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.