You can use a common word or phrase, but be aware that to obtain a trademark, you need to show that the phrase has a “secondary meaning” that makes your use different from the usual meaning of the phrase. You will also need to show how that secondary meaning is connected with your product or service.
Can you trademark a phrase or common word? Chances are, we’re all familiar with at least one generic word that is registered as a trademark. You may even be using one of their devices to read this. Apple. One example that I like to give to clients is that of Apple Inc., the famous computer and software manufacturer. The word “apple” is a ...
To trademark a phrase, it must meet the eligibility requirements of the United States Patent and Trademark Office (USPTO). A phrase must be distinctive and capable of identifying the source of specific goods or services. Distinctiveness may be inherent, as with fanciful or arbitrary phrases, or acquired through secondary meaning, where the ...
Before you can trademark a phrase or word, it must be unique and not already in use or trademarked by someone else. To ensure that your phrase or word is truly unique, it needs to be distinctive and not merely descriptive or generic. The more unique it is, the stronger your trademark will be. Conducting a brainstorming session to come up with ...
3. Select the Appropriate Filing-Basis for the Trademark Application. When submitting a trademark application for your phrase with the USPTO, it is important to understand that you must designate a “filing basis”, which is to say, the grounds upon which the applicant has the right to obtain protection. Every trademark application must include at least one filing basis and each filing basis ...
Potential clients frequently ask me if they can trademark a phrase. Well, whether you can register a phrase with the United States Patent and Trademark Office (USPTO) essentially depends on (1) the nature of the phrase itself, and (2) the manner in which the phrase is used. If the phrase doesn’t indicate the source of your products/services, or doesn’t identify and distinguish your ...
Before you can file a trademark application, you have to first conduct a thorough trademark search to ensure the slogan is not already in use, or confusingly similar to another mark. One way to do this is through the U.S. Patent and Trademark Office (USPTO) website. You can search their trademark database to see if your slogan is already in use ...
A person can’t trademark a phrase just because they like it—the phrase must be tied to a business. Trademarked phrases are only protected against the use of others in the same business class. The phrase must identify the commercial organization as the source of goods or services for the trademark.
You can trademark a phrase to build up this association and connote positive associations with a brand. Phrases such as Nike’s “Just do it,” KFC’s “finger lickin’ good,” or L’Oreals “Because you’re worth it,” are examples of trademarked phrases. These are well-known phrases legally owned by the associated businesses as a ...
Hiring a trademark attorney can help navigate the complexities of the application process, ensuring adherence to legal standards and reducing the risk of costly mistakes. An attorney can provide expert advice on the distinctiveness of your phrase, help with documentation, and offer strategies for monitoring and enforcing your trademark protection.
The process of filing and receiving a trademark for a phrase, saying, quote or term can be broken down into the following 7 steps: Select the Trademark For the best chance of having your phrase, saying, quote or term approved as a trademark, you should choose as unique a term as possible which will provide you with the strongest trademark.
Obtaining a trademark for a viral phrase can be complex and requires careful consideration of distinctiveness, commercial use, and potential conflicts with existing trademarks. While having a registered trademark can be a powerful tool for protecting and monetizing a popular expression, applicants should be prepared to navigate the legal ...
How to Trademark a Slogan or Phrase? Trademark registration can be a bit complicated, but it’s also rewarding, as it helps you make your business recognizable. The US Patent and Trademark Office (USPTO) manages your trademark application, as well as the entire registration process. To be clear, you don’t have to trademark a slogan you came ...
So, can I trademark a phrase? You can, indeed. Let’s take a look at the general rules to follow so that you can do this. 1. Commercial Use. The only phrases that can be trademarked are those that you will use for commercial purposes. Someone can’t protect a phrase simply because they like using it or they were the first to think of it.
The phrase must not be something that people say daily. If you believe your phrase or slogan will be a game-changer for your business, you may be better off protecting it with a federal trademark registration. At Trademark Republic, we can help you with the trademark search and registration from start to finish.
What can be trademarked? For a phrase to be trademarked, it must be used in a commercial context. This means the phrase must be used to sell goods or services. Often there’s a misunderstanding about what it means to trademark a phrase. It does not mean people are no longer allowed to say the phrase at all.
By securing a phrase trademark, you can protect your brand and prevent competitors from profiting off your creativity. A phrase associated with your business plays a pivotal role in developing brand recognition. By undergoing the federal trademark registration process, you can assert your trademark rights, making it easier to enforce them ...
Steps to Trademark a Phrase Protecting intellectual property depends on trademarks, vital assets for individuals and businesses. Although commonly associated with logos and brand names, trademarks can encompass distinctive phrases that uniquely identify products or services. Mentioned hereunder are the steps involved in trademarking a phrase.
