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For example, trying to trademark the phrase “Car Wash” for a car wash business would likely be unsuccessful because it is a generic term. Similarity to Existing Marks: Conduct a comprehensive trademark search to ensure your phrase does not conflict with existing registered or pending trademarks. If there are similar marks in the same ...

For example, if your phrase is “The Bestestestest Chicken of Your Life,” and you use the phrase in conjunction with a fried chicken restaurant, take note of any restaurant or food services company using a similar phrase. ... If you want to trademark a phrase, visit the website of the US Patent and Trademark Office, or USPTO. Find the ...

Key Takeaways. Trademarking a phrase grants exclusive rights to use it in connection with a product or service.; Common-law trademarks provide some protection but are limited in scope.; Distinctiveness is crucial for approval—generic or commonly used phrases are often rejected.; The application process involves a search, filing with the USPTO, and responding to office actions.

For example, “Holiday Inn” was initially descriptive but gained trademark protection by establishing secondary meaning. The phrase must be used in commerce or intended for use in commerce, distinguishing goods or services in the marketplace. It cannot be confusingly similar to existing trademarks, as this could mislead consumers.

To better understand the different types of trademarks, I have compiled a list of five classic examples of trademarks. Trademark Examples 1. Words. Coca-Cola is a perfect example of a word that is a trademark. Coca-Cola® is a famous trademark for, among other things, soft drinks. This mark is registered in standard character form and is not ...

Current Example. 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 ...

Learn how to trademark a phrase with this article, which includes an in depth guide on how you can trademark a phrase for your business. ... 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 ...

Determine the right trademark class for your phrase. When filing a trademark application, you must specify the trademark class that applies to your phrase. The Nice Classification (NCL) system organizes trademarks into 45 different classes — 34 for goods and 11 for services. For example: A clothing company using a phrase on T-shirts would ...

To trademark a phrase or word, one must first ensure it is unique and not already trademarked. Then, a thorough search of existing trademarks needs to be conducted, followed by the preparation and submission of a trademark application to the United States Patent and Trademark Office (USPTO).

Registering a phrase as a trademark however can be challenging. In recent years, the U.S. Patent and Trademark Office (USPTO) and its Trademark Trial and Appeal Board (TTAB) have grown increasingly conservative, frequently rejecting applications for phrase marks under the “failure to function” doctrine. ... A high-profile example of this ...

For example, if a burger company tried to register the phrase, “I’m lovin’ it now,” the application likely will be rejected for two reasons: ... Because the trademark on phrases is only applicable to the particular goods or services the applicant sells, the applicant must select a numbered class for the specific goods or services on ...

For example, the name “Holiday Inn” has attained a second meaning, thanks to widespread use in reference to a specific hotel chain, not a variety of hotel services in general. Registered Trademark Symbol. We already familiarized you with how to trademark a phrase. Once you do that, you can use the ® symbol after your slogan, company name ...

The ability to trademark a word or phrase depends on the nature of the phrase, how frequently it is used, and the contexts in which it is typically used. Below is a basic overview of the 5 types of marks, and their relative strengths and weaknesses when it comes to securing trademark protection. Fanciful marks are the most abstract type of ...

Unitary Phrases. In the trademark sense, a unitary phrase is one where the whole of the phrase or slogan is more than the sum of its parts. The USPTO analyzes submissions on a case-by-case basis to determine if the phrase/slogan’s “meaning and commercial impression indicate an inseparable whole.”

The trademark imbues a particular set of beliefs and conceptions about the product merely because the trademark is attached to it. For example, when a consumer in the market for watches sees the iconic Breitling symbol on the face of the watch, he/she is likely to think that the watch is a quality product and, therefore, worthy of the steep price.

An example of a generic trademark is SOAP for a brand of cleaning product. Descriptive trademarks primarily describe a feature, function, purpose or characteristic of the product, and are also very difficult to protect. An example of a descriptive mark is SUDSY for bath soap, because the mark describes a commonly-known feature of bath soap, i.e ...

To trademark your slogan, you have to use a combination of words in a unique way that makes your catchphrase or tagline distinctive. Take a look at the explanations and trademark phrase examples below - these should help you decide the best option to answer your question, “Can I trademark my slogan?”. Slogans and phrases that are not ...

Not all words or phrases can be trademarked unless utilized for commercial purposes. For example, a phrase cannot be trademarked just because someone likes it and doesn’t want others to use it. Many people are unaware that a registered phrase is only protected against infringement in the same class or category of goods or services.

For example, focusing too much on a phrase’s ornamental use could lead to refusal of your trademark application. Similarly, not conducting a comprehensive trademark search or neglecting to consult a trademark attorney early in the process can also lead to delays or rejections of your trademark application.