Can i trademark a phrase [Definitive Guide]

Last updated : Aug 8, 2022
Written by : Phillip Cartland
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Can i trademark a phrase

Can you copyright a phrase or saying?

Copyright does not protect names, titles, slogans, or short phrases. In some cases, these things may be protected as trademarks. Contact the U.S. Patent & Trademark Office, or see Circular 33, for further information.

Can I use a trademark word in a phrase?

By law, you need not request permission to use a trademark belonging to another if it is for an editorial or informational use. Trademark law protects distinctive words, phrases, logos, symbols, slogans, and any other devices used to identify and distinguish products or services in the marketplace.

What words Cannot be trademarked?

  • Proper names or likenesses without consent from the person.
  • Generic terms, phrases, or the like.
  • Government symbols or insignia.
  • Vulgar or disparaging words or phrases.
  • The likeness of a U.S. President, former or current.
  • Immoral, deceptive, or scandalous words or symbols.
  • Sounds or short motifs.

How do you legally protect a phrase?

You can trademark a phrase at the local level by applying at your state trademark office. To trademark a phrase locally, you must already be using the phrase publicly. You can apply for a nationwide trademark with the USPTO. With the USPTO you can apply with the "intent to use."

How do you legally own a phrase?

  1. Choose an Original and Distinct Phrase.
  2. Search the USPTO Database for Your Phrase.
  3. Select the Appropriate Filing-Basis for the Trademark Application.
  4. Select the Appropriate Class of Goods/Services and Description of the Goods/Services.
  5. Pay the Appropriate Gov.

Can you trademark a phrase on a T shirt?

Yes, you can trademark a t-shirt. You can trademark a name, logo, or slogan that appears on your t-shirts. You may register a trademark for any materials that identify and promote your particular goods and services. This information was provided by our founding attorney, Xavier Morales, Esq.

How much is it to trademark a phrase?

If you have ever asked yourself how much does it cost to trademark a phrase, according to the current fee schedule on the USPTO, trademark registration fees cost $275 per mark per class. If you need an attorney's assistance, the cost averages around $1,000 to $2,000.

How do you tell if a phrase is trademarked?

You can search all applied-for and registered trademarks free of charge by using the U.S. Patent and Trademark Office (USPTO)'s Trademark Electronic Search System (TESS). If your mark includes a design element, you will have to search it by using a design code.

What is not protected by trademark?

Generic terms are not protected by trademark because they refer to a general class of products rather than indicating a unique source.

Can you put a trademark on anything?

You can claim a trademark on anything by using the TM Symbol, but you can't use the registered trademark symbol (R) unless you have registered the trademark with the US Patent and Trademark Office.

What are the 4 types of trademarks?

  • Generic. A generic term is a common description that does not receive trademark protection.
  • Descriptive.
  • Suggestive.
  • Arbitrary or Fanciful.

Should I trademark or copyright a phrase?

A phrase should be trademarked, not copyrighted. Registering a trademark with the USPTO is simple and not very time-consuming but can take time to approve. If you hope to enforce your ownership over a specific trademark, you'll want to get it registered before it's too late.

Is Nike Just Do It trademarked?

Just Do It or JDI for short (stylized as JUST DO IT. and set in Futura Bold Condensed) is a trademark of shoe company Nike, and it is one of the core components of Nike's brand. The slogan was coined in 1988 at an advertising agency meeting.

Can two companies have the same slogan?

Just because a company has trademark rights, those rights do not absolutely prohibit anyone else from using the same name, logo, or tagline. A business owner can prevent others from using her trademark only if the other use is confusing.

How do I trademark a phrase for free?

You can not register a trademark for free. However, you can establish something known as a "common law trademark" for free, simply by opening for business. The benefit of relying on common law trademark rights is that it's free, and you don't need to do any specific work filling out forms, etc.

How long does a trademark last?

A federal trademark lasts 10 years from the date of registration, with 10-year renewal terms. Between the fifth and sixth year after the registration date, the registrant must file an affidavit to state that the mark is still in use.

What is the cheapest way to trademark?

The basic cost to trademark a business name ranges from $225 to $600 per trademark class. This is the cost to submit your trademark application to the USPTO. The easiest and least expensive way to register your trademark is online, through the USPTO's Trademark Electronic Application System (TEAS).

Can you copyright a made up word?

You cannot obtain a copyright registration for one word. Copyright does not protect names, titles, slogans, or short phrases. A copyright only exists for original works of authorship fixed in a tangible medium of expression. A copyright protects literary, musical, artistic, and dramatic works.

Can you trademark a name already in use but not trademarked?

1. Can You File for a Trademark That Exists? Updated November 12, 2020: If you're wondering, "can you trademark something that already exists," the simple answer is "no." Generally speaking, if somebody has used a trademark before you, you can't register the trademark for yourself.

What is a dead trademark?

“A dead or abandoned status for a trademark application means that specific application is no longer under prosecution within the USPTO, and would not be used as a bar against your filing.”

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Can i trademark a phrase

Comment by Esteban Matus

Thanks for this great article

Thanks for your comment Esteban Matus, have a nice day.
- Phillip Cartland, Staff Member

Comment by bocunq

hi everybody trademark attorney Josh gurbin and I'd like to talk to you about how to trademark a phrase now commonly clients will come to us when they need to protect a phrase especially if it's a slogan for their business product or service so to get protection on a phrase as a trademark it's really like any other trademark there's certain things you need to do from a best-practice standpoint to ensure your application has the best chance of success with the United States Patent and Trademark Office so when you're going to trademark a phrase the very first thing you need to do is a really good trademark search there are a lot of other trademarks yet filed every single day and have already been registered in the past we need to make sure that the phrase you would like to protect and trademark has not already been taken and most importantly that there's not something similar to your phrase out there that could cause a problem now I know a lot of folks can go online into a search on the United States Patent and Trademark Office website for your phrase and not see anything and think that the phrase is clear to use and register however the search you can do online doesn't look for similar phrases or slightly different phrases that might be considered too similar to yours to get registered so ultimately if you file an application you could get a refusal or worse yet you might get a cease and desist letter from another party so getting an initial trademark search done preferably by an attorney who's going to use a very good software is your first step here at our law firm we use a program called core search which is one of the top trademark search software's available in the world to do your trademark search we also have experience searchers that have been doing this for more than a decade that understand how to take a part of phrase and look at it to ensure there's nothing too similar out there already now once you've done the trademark search the next step is to file the trademark application with the United States Patent and Trademark Office a trademark application that's filed for a phrase with the USPTO is just the same as if you are filing a word or logo it's the same application so typically in the trademark application for a phrase you need to identify the owner of the trademark this could be you personally or a corporation we need give the trademark office the exact phrase you'd like to register and we need to tell the trademark office what goods or services you'll use in connection with the phrase once you submit that trademark application it'll take four months for the government to review it and come back to you with initial feedback if everything looks good the application then progresses to a 30-day period of opposition when any member of the public or other party could challenge your application on grounds they feel they could be damaged if it proceeds if you don't receive any opposition's the trademark application will register at that point in time and you'll receive a registration certificate in the mail so there you have it if you want to register a phrase as a trademark remember you've got to do a really good trademark search then you file a trademark application and go through a months-long sometimes your long process with the United States Patent and Trademark Office to get your registration issue I hope you found this helpful and if you have any further questions about your trademark phrase please feel free to get in touch

Thanks bocunq your participation is very much appreciated
- Phillip Cartland

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