Have you ever wondered if someone owns romantic phrases like “Be Mine,” “I Love You,” or “Kiss Me”? Phrases can be protected by trademark law, but only sometimes. The candy heart for this topic says “it depends.”
This Valentine’s Day week I’m talking about the intellectual property of love, but what I’m saying applies year-round.
Trademarks protect brands, not just words. A common phrase can only be used and registered as a trademark if it’s being used to identify a product or service.
✅ For example, “I ❤️ NY” is a trademark because it’s used to sell merchandise.
✅ Taylor Swift has trademarked song lyrics like “You Belong With Me” for use as names for product lines of accessories.
❌ But generic phrases like “Happy Valentine’s Day” or “Be My Valentine” alone usually can’t be registered as trademarks, at least not for anything related to goods or services related to feelings, like gift baskets and greeting cards. That’s because those phrases are simply too common to function as trademarks in those fields. It would be like trying to claim exclusive rights to the phrase “safety first” for anything in the protective gear industry.
That’s something to think about when you’re creating a business or product name. If you pick something that’s a common word or phrase, you probably won’t have the trademark rights you want. You want a name that, when people hear or see it, makes them think immediately and only of your business or product.
Sometimes a common word or phrase CAN be used and registered as a trademark. Take the phrase “I LOVE YOU,” for instance. It would be too common to register as a trademark for many things, but it was registered as a trademark for coffee and wine because while many of us do love coffee and wine, the phrase was considered unique as a beverage brand identifier.
If you’re creating a brand name for your business, product, or product line, you’re probably putting your heart into it, so take care of your heart by making sure your brand name is distinctive enough to be protected by trademark law. Don’t have your heart broken by using a common name or phrase that can’t be protected.
If you’re not sure whether a name you have your heart set on would qualify to be registered as a trademark, consult an experienced trademark attorney to get advice.
Have you ever had your heart broken by loving a name that couldn’t be registered as a trademark?
