Can i trademark a word or phrase [Best Article]

Last updated : Sept 18, 2022
Written by : Julissa Washor
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Can i trademark a word or phrase

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.

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.

Is a phrase trademarked?

Only a phrase that is used for a commercial purpose may be trademarked. You can't trademark a phrase just because you like it and don't want anyone else to use it. You must be using the phrase or intending to use the phrase in connection with the sale of goods or services.

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.

What happens if a word is trademarked?

When you trademark a word, you gain rights over the word. But you can lose the rights if you don't protect your trademark. Trademark protection includes phrases, words, symbols, and sounds. So you should file a trademark application to protect your services.

How much does it cost to trademark a word?

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 an English 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 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.

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.

Is the phrase hocus pocus trademarked?

By Disney Enterprises, Inc. The HOCUS POCUS trademark was assigned a Serial Number #88707993 – by the United States Patent and Trademark Office (USPTO). Trademark Serial Number is a Unique ID to identify the HOCUS POCUS mark in USPTO.

How do I trademark a word 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.

What are the 3 types of trademarks?

What you'll learn: Arbitrary and Fanciful Trademarks. Suggestive Trademarks. Descriptive Trademarks.

How do I trademark a catchphrase?

  1. Go to the United States Patent and Trademark Office (USPTO) website.
  2. Check the Trademark Electronic Search System (TESS) database. Make sure the slogan isn't already registered in the same category.
  3. Submit your trademark application. Pay the filing fee.

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.

Can simple words be copyrighted?

A copyright covers creative works, meaning works of authorship that include literary, musical, dramatic and artistic pieces. As such, copyright cannot be applied to a word, even a proper name.

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.

Can I put a Nike logo on a shirt for personal use?

In fact, copyright and trademark violations can in some cases lead to criminal charges. Selling shirts with copyrighted images isn't impossible, but you should never use someone else's logos on your T-shirts or other clothing without their explicit permission.

What's the difference between a copyright and trademark?

Copyright protects original work, whereas a trademark protects items that distinguish or identify a particular business from another. Copyright is generated automatically upon the creation of original work, whereas a trademark is established through common use of a mark in the course of business.

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Can i trademark a word or phrase

Comment by Ira Canoy

and if generic names can't be trademarked how does amazon have a trademark great question uh you cannot protect a name if it is the general name for goods or services for example uh gosh i don't have i don't have an apple at my desk do you have an apple at your desk the fruit uh i have an apple iphone i have an apple too but apple could not so same with amazon how did apple get trademarks on the word apple they got it because they're not selling apples they're selling computers they actually uh you know now sell ipods and iphones and all kinds of electronic devices and that's how they can protect apple because they're not protecting the general concept now if amazon was selling the amazon they couldn't get that name trademark but because they're selling books they can so it's not yes it's a general common term but it's not used in that sense uh do you know what the word uber stands for not not the uber like i'm like like i'm uber cool like super cool right yeah just like uh i am uber handsome but uh thanks you're saying yes giovanni thank you for that you're my boss you have to so uber can get protection for uber because uh it doesn't mean ride sharing service it means like something basically a step above so there's nothing wrong with getting trademarks on words of the english language as long as you're not protecting that use so hopefully that's clear but if not uh you say this person's name was andrew this person's i actually did not say the person's name that name yes the name was d lo actually i have a feeling that's a pseudonym for down low not 100 sure but that's what we have on the on the uh q a okay all right what i was going to say is if that didn't address the question about the generic name feel free to go to the inventors mastermind which is our facebook group and jenny's one of our panelists uh jenny if you can put that up in the chat box for dilo and then he can ask further questions about the trademarks trademarks is a completely different field of its own

Thanks for your comment Ira Canoy, have a nice day.
- Julissa Washor, Staff Member

Comment by Deshawn

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 Deshawn your participation is very much appreciated
- Julissa Washor

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