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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 for your comment Daron Rivett, have a nice day.
- Yvette Mcneff, Staff Member
Thanks for this interesting article
Thanks Mabelle your participation is very much appreciated
- Yvette Mcneff
About the author
I've studied sociology of art at Davenport University in Grand Rapids and I am an expert in languages. I usually feel blah. My previous job was furniture designer I held this position for 18 years, I love talking about fashion design and sunbathing. Huge fan of Alexander Skarsg+�rd I practice snowshoeing and collect butterflies.
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