Should i trademark a phrase [New Info]

Last updated : Aug 25, 2022
Written by : Bradley Rucky
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Should i trademark a phrase

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.

What phrases 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 trademark a phrase or word?

A trademark can be any word, phrase, symbol, design, or a combination of these things that identifies your goods or services. It's how customers recognize you in the marketplace and distinguish you from your competitors.

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."

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 does it cost 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.

Can you copyright a phrase?

Copyright does not protect names, titles, slogans, or short phrases.

Can a single word be trademarked?

A trademark registration with the USPTO is a registered trademark and gets marked with the registered trademark (®) symbol. You don't have to register a word with the USPTO to get trademark status. A word is a trademark if that word identifies a brand, regardless of whether the word itself is registered.

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 I use TM without registering?

The (TM) symbol actually has no legal meaning. You can use the symbol on any mark that your company uses without registering it. The most common use of the TM symbol is on a new phrase, logo, word, or design that a company plans to register through the USPTO.

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 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.

How do you brand a saying?

  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 do you avoid copyright infringement with T-shirts?

  1. Check material for its copyright before using it.
  2. Find non-copyrighted materials.
  3. Pay for designs.
  4. Change existing designs to make them your own.
  5. Create your designs from scratch.

What is the difference between 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.

Do I need to trademark my business name?

There's no legal requirement for you to register a trademark. Using a business name can give you 'common law' rights, even without formally registering it.

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 much does it cost to copyright a word?

The fee at the U.S. Copyright Office is $ 55 for most applications, or $ 35 if your application (1) has one author, and (2) the author is also the owner, and (3) you are just registering a single work (not a collection of photos), and (4) it was not a work made for hire.

Can you legally own a 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.

What happens if you use a trademarked word?

The law allows you to use a trademark without getting the owner's permission for: Informational use: You use it to editorialize or educate about a specific product or service. Comparison use: You use it as part of an accurate comparison between products or services.

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Should i trademark a phrase

Comment by Nathanial Winegardner

Thanks for this great article

Thanks for your comment Nathanial Winegardner, have a nice day.
- Bradley Rucky, Staff Member

Comment by Ravennan

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 Ravennan your participation is very much appreciated
- Bradley Rucky

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