Can you trademark the phrase "Let's roll"?

Answers to your questions about the news.
Feb. 27 2002 6:03 PM

Can You Trademark the Phrase "Let's Roll"?

The Todd M. Beamer Foundation, established in the name of one of the heroes of Flight 93, wants to trademark Beamer's famous last words: "Let's roll." Can it do that?

Advertisement

Maybe. Common words and phrases can be trademarked if the person or company seeking the trademark can demonstrate that the phrase has acquired a distinctive secondary meaning apart from its original meaning. That secondary meaning must be one that identifies the phrase with a particular good or service. In this particular case, the Beamer Foundation wants to trademark "Let's roll" for use with "charitable fundraising services." The foundation will have to argue that, after Sept. 11, the public has come to identify the phrase "Let's roll" with Todd Beamer and the work done by the Beamer Foundation. Legal experts say that it's unlikely that the Beamer trademark would survive a legal challenge, but it's not inconceivable.

[Correction, 3/1/02: Trademark attorney Mike Zadrozny tells Explainer that the Beamer Foundation would not need to demonstrate a "secondary meaning" for "Let's roll" in order to trademark the phrase. Click here for the full explanation from the Explainer Mailbag.]

What is a trademark, exactly? It's a "word, phrase, symbol or design, or a combination of words, phrases, symbols or designs, that identifies and distinguishes the source of goods of one party from those of others," says the U.S. Patent and Trademark Office. There are two key elements in that definition: 1) Trademarks protect commercial products and services. Trademarking "Let's roll" won't stop you from using it in everyday conversation. 2) Trademarks identify the source of goods and services. Therefore, either your trademark must be inherently distinctive, identifying you as the source of a product, or your trademark must have acquired distinctiveness—you must prove that the public identifies your trademark with your particular good or service and with you as the source of that good or service.

You don't have to register your trademark with the federal government to receive trademark protection. Merely using a trademark in the marketplace confers rights, such as prohibiting people from copying it in order to create confusion among consumers. But registering a trademark with the federal government provides nationwide trademark protection, rather than merely local protection under state law. And it gives the owner the ability to defend a trademark in federal court.

A trademark does not mean, however, that no one else can use your word, phrase, or symbol in connection with any and all goods and services. It means only that somebody else can't use a similar trademark with similar goods or services. The key criterion: trademark infringement occurs when someone else's use of a trademark would likely cause confusion about the source of goods or services. Avon, for example, has trademarked "Let's talk" for a variety of commercial uses, including door-to-door retail merchandising. But that hasn't stopped another company from trademarking "Let's talk" for use with voice-activated computer software, because consumers are unlikely to get confused and believe that Avon is pitching software, or that a software company is hawking lipsticks.

Congress has carved out an exception to this "confusion" rule for "famous" trademarks. The owner of a famous trademark can stop other people from using that mark even if there's not likely to be any consumer confusion, if the other person's use would "dilute" the famous mark. For example, "Kodak" is likely to be considered a famous trademark as applied to cameras and film. If Explainer were to start selling "Kodak shoes," consumers probably wouldn't get confused into believing that Kodak was extending its brand into the footwear market. On the other hand, if many companies started advertising unrelated products as "Kodak," Kodak's camera and film trademark would likely decrease in value. So Congress has banned that practice.

Bonus Explainer: What's the difference between trademark, copyright, and patent? Trademarks protect the words and symbols that identify the sources of goods and services. Patents protect inventions and improvements to inventions. Copyrights protect artistic or literary works.

Unlike copyrights and patents, trademarks can be perpetual, as long as a company keeps using its trademark. The only way to lose a trademark is if the trademark becomes the generic name for the product or service. (Generic descriptions for products, such as "cereal" or "beer," can never be trademarked.) "Thermos," for example, was once a trademark for a specific brand of "vacuum bottle," but now "thermos" is a generic term. Xerox is one company that worries about losing its trademark for this reason.

Double Bonus Explainer: What's the deal with those "™" and "®" symbols? The "®" symbol indicates that a trademark has been federally registered with the U.S. Patent and Trademark Office. The "™" symbol means only that someone claims that their word or symbol is a trademark.

TODAY IN SLATE

Politics

Smash and Grab

Will competitive Senate contests in Kansas and South Dakota lead to more late-breaking races in future elections?

Stop Panicking. America Is Now in Very Good Shape to Respond to the Ebola Crisis.

The 2014 Kansas City Royals Show the Value of Building a Mediocre Baseball Team

The GOP Won’t Win Any Black Votes With Its New “Willie Horton” Ad

Sleater-Kinney Was Once America’s Best Rock Band

Can it be again?

Technocracy

Forget Oculus Rift

This $25 cardboard box turns your phone into an incredibly fun virtual reality experience.

One of Putin’s Favorite Oligarchs Wants to Start an Orthodox Christian Fox News

These Companies in Japan Are More Than 1,000 Years Old

Trending News Channel
Oct. 20 2014 6:17 PM Watch Flashes of Lightning Created in a Lab  
  News & Politics
Politics
Oct. 20 2014 8:14 PM You Should Be Optimistic About Ebola Don’t panic. Here are all the signs that the U.S. is containing the disease.
  Business
Moneybox
Oct. 20 2014 7:23 PM Chipotle’s Magical Burrito Empire Keeps Growing, Might Be Slowing
  Life
Outward
Oct. 20 2014 3:16 PM The Catholic Church Is Changing, and Celibate Gays Are Leading the Way
  Double X
The XX Factor
Oct. 20 2014 6:17 PM I Am 25. I Don't Work at Facebook. My Doctors Want Me to Freeze My Eggs.
  Slate Plus
Tv Club
Oct. 20 2014 7:15 AM The Slate Doctor Who Podcast: Episode 9 A spoiler-filled discussion of "Flatline."
  Arts
Brow Beat
Oct. 20 2014 9:13 PM The Smart, Talented, and Utterly Hilarious Leslie Jones Is SNL’s Newest Cast Member
  Technology
Technocracy
Oct. 20 2014 11:36 PM Forget Oculus Rift This $25 cardboard box turns your phone into an incredibly fun virtual-reality experience.
  Health & Science
Medical Examiner
Oct. 20 2014 11:46 AM Is Anybody Watching My Do-Gooding? The difference between being a hero and being an altruist.
  Sports
Sports Nut
Oct. 20 2014 5:09 PM Keepaway, on Three. Ready—Break! On his record-breaking touchdown pass, Peyton Manning couldn’t even leave the celebration to chance.