How to trademark a phrase uspto [New Data]

Last updated : Sept 10, 2022
Written by : Yvette Mcneff
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How to trademark a phrase uspto

How much does it cost to trademark a phrase in the US?

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 copyright a word or 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."

Can a descriptive phrase be trademarked?

Descriptive Marks. Marks of this type are generally not granted trademark protection. Merely laudatory terms such as “best” or “quality” also are generally not registrable.

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.

Can I patent a phrase?

While you can learn how to patent an idea here, unfortunately, it is not possible to patent a phrase. Instead, you can trademark a phrase by registering it with the U.S. Patent and Trademark Office.

How do I patent a phrase on at shirt?

  1. Select the Trademark.
  2. Conduct a Trademark Search.
  3. Prepare Your Application.
  4. Monitor the Application Status.
  5. Work with the USPTO Examining Attorney and Respond to any Office Actions.
  6. File a Statement of Use.
  7. The Trademark Registers.
  8. How to Copyright a Phrase.

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.

When can a phrase not be trademarked?

The phrase must be distinctive and not generic or just descriptive. To complicate things, a phrase that is distinctive when used in relation to one type of business may be generic in relation to another type of business.

What is the strongest type of trademark?

Fanciful marks are devices which have been invented for the sole purpose of functioning as a trademark and have no other meaning than acting as a mark. Fanciful marks are considered to be the strongest type of mark.

How do you register a descriptive mark?

Descriptive marks can't be registered, but they could still be the best choice for your business, especially if you have a low advertising budget. These words don't function as a trademark, as they fully describe a product by identifying it. They are nouns pertaining to common language, so they can't be registered.

What is a merely descriptive trademark?

A mark is considered merely descriptive if it describes an ingredient, quality, characteristic, function, feature, purpose, or use of the specified goods or services.

What happens if you use a trademarked phrase?

Using a registered trademark without permission from the owner can lead to a trademark infringement lawsuit.

How do I trademark a quote?

  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.

Can you trademark a word that is already trademarked?

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.

How do I protect a slogan?

If you decide you want to protect your slogan or catchphrase as intellectual property, you will need to apply for a trademark. This application is submitted to the United States Patent and Trademark Office. It is completed either electronically or via a paper application.

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.

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.

What words can I not trademark?

  • 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.

What makes a trademark weak?

Strong trademarks are suggestive, fanciful, or arbitrary. Weak trademarks are descriptive or generic. Think about them this way.

How long is a trademark good for?

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.

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How to trademark a phrase uspto

Comment by Daron Rivett

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

Comment by Mabelle

Thanks for this interesting article

Thanks Mabelle your participation is very much appreciated
- Yvette Mcneff

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