Can I trademark Christmas?

Can I trademark Christmas?

It is possible to trademark any holiday name, if you use the name to sell or promote your goods or services. You will need to show that you are using the holiday name for branding purposes.

Who owns Santa Claus trademark?

Santa Claus is a case in point. Father Christmas, a British company and owner of, owns a trademark for “Santa Claus.” Trademark experts say that “Santa Claus” has become part of the public domain and that the trademark probably would not pass muster in a legal challenge.

Is there a copyright on Santa Claus?

Santa in the public domain As a centuries-old character first illustrated in the 1800s, our modern Santa Claus is copyright-free. That explains why Santa can be used by Coke’s biggest rival, Pepsi, without any fear of prosecution.

Are Santa’s reindeer copyrighted?

Under trademark laws, anyone who uses the name Rudolph with an image of a reindeer-like animal with a bright, red nose without permission is potentially violating terms of a trademark owned by Classic Media, a New York City-based “entertainment rights” company.

Can holidays be copyrighted?

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.

Is A Christmas Carol trademarked?

As Dickens died more than 70 years ago (150 years ago to be exact), then his works are in public domain and can be freely used in any capacity; you are able to use A Christmas Carol without any copyright restrictions.

Is Santa Claus patented?

The earliest mention of Santa Claus I could find in an issued U.S. patent dates to U.S. Patent No. 276,586, which issued on May 1, 1883, and is simply titled Toy. This patent covers a novel device to be applied to pictures of faces or busts of toys having faces.

Can you trademark a holiday name?

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. This information was provided by our founding attorney, Xavier Morales, Esq. For example, “THANKSGIVING” is a registered trademark for a line of wines.

Is Have Yourself a Merry Little Christmas public domain?

Any song published before 1927 is in the public domain. You’ll have to check PD status on this list yourself….38 Copyrighted Christmas Songs.

Song Year
Happy Holiday ©1942
Have Yourself A Merry Little Christmas ©1943
Here Comes Santa Claus ©1947
Holly Jolly Christmas ©1965

Can you trademark a holiday?

Is Rudolph copyright protected?

Rudolph’s 1967 Renewal The children’s TV show was created in 1964 and, most likely, is protected by a new copyright and a series of licenses. Robert L. May died in 1976. But before he did, he established The Rudolph Company that holds the rights to Rudolph.

Is Rudolph a trademark?

There is a design trademark for Rudolph (Registration number 1974435). The wording for this trademark includes the following description –“the mark comprises a red-tipped nose on any fanciful deer-like animal.” Any content containing such animals are not acceptable for commercial use due to this trademark.

Is 12 Days of Christmas public domain?

The words and the melody of 12 Days of Christmas are in the Public Domain, with the exception of perhaps the most famous line. “Five gooooold rings” comes from Austin in the early 20th Century, and since he only died in 1952, this line is still protected by copyright.

Is Happy Holidays trademarked?

While we have used the phrase “Happy Holidays” to explore some principles of trademark law and the value of owning a trademark, we have by no means exhausted the legal underpinnings of why the phrase can’t be trademarked.

Who owns the rights to Christmas carols?

Many Christmas carols are now in the public domain because they were published before the 1923 copyright deadline. It is believed that the tune for “Deck the Halls” come from Wales in the 16th century, while the English translation first appeared in 1881.

Is Scrooge copyrighted?

Ebeneezer Scrooge from the classic Christmas story by Charles Dickens, A Christmas Carol, is in the public domain. This means you could make Scrooge themed products or use quotes from the book in handmade products.

Does Coca Cola own Santa Claus?

Coca-Cola did not create the legend of Santa Claus. But Coca-Cola advertising did play a big role in shaping the jolly character we know today.

Is Last Christmas copyright free?

At the end of the article, we list 78 very popular Christmas songs along with their public domain status….38 Copyrighted Christmas Songs.

Song Year
It’s Beginning to Look A Lot Like Christmas ©1951
Jingle Bell Rock ©1957
Last Christmas ©1984

Is the 12 days of Christmas copyrighted?

Did Disney try to trademark Day of the Dead?

Is it possible to trademark the name of a holiday? The Walt Disney Company was interested in doing so. On May 1, the entertainment giant filed an application to the U.S. Patent and Trademark Office to secure the phrase “Día de los Muertos,” or “Day of the Dead,” across multiple platforms.