Um. If it's not trademarked, then it's not trademarked. You're fine...
You mean like "You're Fired"?.
And while creme's statement is straightforward ("Well gosh, if it's not blue, it can't very well be blue, can it?"), it didn't answer your question - merely obfuscated it - glad to help along the same vein.
That is NOT correct.
If it's not registered then it's not a registered trademark.
But a claimed trademark does not have to be registered.
You can claim a trademark through usage thereby establishing common law rights.
From USPTO.gov: http://www.uspto.gov/web/offices/tac/tmfaq.htm#Basic001.
"Do I have to register my trademark?.
No, but federal registration has several advantages, including notice to the public of the registrant's claim of ownership of the mark, a legal presumption of ownership nationwide, and the exclusive right to use the mark on or in connection with the goods or services set forth in the registration. ".
"What are common law rights?.
Federal registration is not required to establish rights in a trademark. Common law rights arise from actual use of a mark. Generally, the first to either use a mark in commerce or file an intent to use application with the Patent and Trademark Office has the ultimate right to use and registration. ".
If you ever watched "The Apprentice" with Donald Trump you know that.
"You're Fired" became a very popular refrain.
Donald Trump tried to register "You're Fired" as a trademark but was not allowed to.
And he cannot stop anyone from using the expression.
Food for thought.
"'You mean like "You're Fired'?" Allan,.
Are you looking over my shoulder?.
Or am I looking over yours?.
IAmAllenShore - Trump (or nbc) could NOT register "You're Fired." If you had the domain name yourefired.com, you'd be fine.I know for a fact he lost the right to trademark "Trump.".
Bank of America registered "Keep the Change." That doesn't mean if anyone ever says "Keep The Change" that you have to cut a check to BofA for God's sake.
It's not 1999 anymore - you have some of the largest Investment Trusts in America (with people like Mark Cuban and Howard Schultz in them) actually registering/purchasing fortune 500 company typos to use for their large parking portfolios.
It is America and anyone can sue anyone for anything at anytime. The chances of you getting sued are slim to none and slim left town. What is more likely is they would send you a C&D and offer you $100 (or nothing). If that's the case, you get rid of it. No big deal.
Register the name. It's $9. If you get scared, PM me and I'll probably buy it...